Beach. Amusement. Sunshine. School is almost out and eager teenagers will soon be knocking on your doors seeking summer employment. If you plan on hiring teenagers this, or any summer,
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Lunch Breaks
Working During Meal Break Controversy Continues: What Employers Should Do
By Fox Rothschild LLP on
In December, I blogged about off-the-clock work in my post Unreported, Off-the-Clock Work. Off-the-clock work includes meal break time, and issues arise when employees work during these breaks, or…
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What Is Working Time? Listen To My Webcast Airing on January 17, 2013
By Mark Tabakman on
I often post on and discuss working time issues, e.g. travel time, on-call time, automatic lunch deduction cases, training time and, of late, after-hours employee email/blackberry usage and whether it is…
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FLSA Collective Action Dismissed for Failure of Lead Plaintiff To File Opt-in: Yes!
By Mark Tabakman on
When I begin defending a Fair Labor Standards Act collective action, one of the first strategies I look for is to find some way to kick the named plaintiff out…
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The United States Department of Labor Targets Wage and Hour Abuses In The Residential Care Industry
By Fox Rothschild LLP on
On December 1, 2011, the United States Department of Labor (“DOL”) announced that it will be conducting an “enforcement initiative” focused on the residential care industry in North Carolina. The…
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The Danger of Automatic Lunch Deductions Surfaces (Again)
By Mark Tabakman on
I recently gave a presentation at a national wage-hour conference in Miami on the perils of automatic deductions for lunch and the possibility that such a procedure could lead to…
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Denial of Class Certification By Court Is Based On Need For Individual Assessment: The Key To The Defendant’s Success
By Mark Tabakman on
A group of satellite television dish technicians suing for overtime under the Fair Labor Standards Act (“FLSA”) have been denied class certification based on the court’s finding that there was…
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Are Smart Time Clocks, In Fact, “Smart?”— Class Action Involving Automatic Lunch Deductions
By Mark Tabakman on
There are employers whose “smart” time clocks automatically make a thirty minute deduction every day for lunch, supposedly and assumedly taken. I have railed against this practice, advising that the…
US DOL Finds 4,000 Nurses at SSM Health Care Owed One Million Dollars Over Missed Lunches
By Mark Tabakman on
Under the Fair Labor Standards Act, there is no law requiring employees receive a lunch period or break times. However, when the employer gives time for lunch, the employees must…
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Lunch Time Can Be Work Time: Employers Beware!
By Mark Tabakman on
I have encountered a number of cases where employees do not, whether unintentionally or otherwise, work through their lunch hours (or half-hours) and then later claim they are owed wages…
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