The issue of payment (or not) for undergoing security checks has been a hot item of late, especially since the US Supreme Court issued its momentous decision in Integrity Staffing
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Compensable Time
Paid Time Off For Getting The Vaccine: States Are Moving Towards That.
I have been asked many times by clients if they need to give employees paid time off in order to get the vaccine. I tell them (in New Jersey) that…
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Homework Can be Compensable Work Hours—Can You Believe It?
I have often blogged (and am concerned about) working time issues, especially when they comprise the basis for a class action. These are “soft,” subtle activities that may rise to…
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When Does Travel Become Compensable Work Hours?
I blog a lot about working time cases because these are the issues can sneak up on an employer, even the most well intentioned and good faith employer. Travel time…
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Donning and Duffing Cases Keep Happening: The Danger of Off-The-Clock Activities
Working time cases come in all sizes and shapes. Many of these off-the-clock cases are so-called donning-and-duffing cases involving clothes changing for work and whether it is compensable. The U.S.
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A Waiting Time/Bag Inspection Case Where The De Minimis Defense Actually Worked!
I have blogged several times recently on the rash of “check bag” cases that have percolated through the courts. Another example. A class of workers employed by Converse Inc. have…
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Eddie Bauer Security Check Waiting Time Case Gets Certification: What Is “Working Time”?
What is working time? There are many variations on this theme, some far grayer than others. When does waiting time become working time? Is the employee engaged to be waiting…
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Ninth Circuit Finds Beauty School Students Were Not Employees
There have been a great many intern cases recently, cases testing whether interns crossed the line into being statutory employees and therefore covered by the FLSA. I have blogged about …
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Third Circuit Rest Break Case Has Different Slant
It is well-established that short rest breaks, so-called coffee breaks, are compensable under the Fair Labor Standards Act. In a variation on this age-old theme, in a unique set of…
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Beauty School Students Are “Dropouts” From the FLSA According to Seventh Circuit
In the movie “Grease,” there is a song entitled “Beauty School Dropout,” sung by Frankie Avalon. Well, in a legal version of that number, the Seventh Circuit has affirmed that…
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