How many times have I written about working time cases, so called “off the clock” cases, where the claimed compensable time arises from preliminary or postliminary activities that are tied
Continue Reading Preliminary/Postliminary Class Action (Again): What Does “Integral” Mean To Make Pre-Shift Activities Compensable
off the clock
These Pre-Shift Working Time Cases Keep Popping Up–Employers Beware!
Many employers believe that if an employee (or many employees) perform a tiny amount of work, or work-like activity, before their shifts, that brief off-the-clock, activity cannot be “working time”…
Continue Reading These Pre-Shift Working Time Cases Keep Popping Up–Employers Beware!
Trial Before Certification in FLSA Class Action Case?—Third Circuit Says No Way!
In a chicken-and-egg type of case, an unusual case, the Third Circuit has emphatically held a Judge taking over a class action case must deal with the threshold issue of…
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More USDOL Guidance On Virus Working Time Issues: Tracking Off-the-Clock Time
I have written several times about employees working from home, e.g. telecommuting, and how employers must carefully keep track of their hours to avoid unauthorized overtime. There are situations, however,…
Continue Reading More USDOL Guidance On Virus Working Time Issues: Tracking Off-the-Clock Time
Labor Contract Preemption Defense Cannot Kill Wage Suit Because No Interpretation of Contract Required
I have often blogged about the need for defense lawyers to look for a labor law preemption defense when a wage hour action, single or FLSA collective action is lodged. …
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Cannabis Workers Allege Off-the-Clock Violations and Other Employer Misdeeds
Employees of cannabis companies have the same rights as workers who are employed by any other entity. A California cannabis company knowingly withheld wages, meal breaks and rest periods from…
Continue Reading Cannabis Workers Allege Off-the-Clock Violations and Other Employer Misdeeds
FLSA Collective Action Travel Time Case Illustrates Nuances Of “Working Time” Conundrum
Working time claims/lawsuits take many forms and often arise out of seemingly unlikely circumstances. In a recent case, the Third Circuit ruled that temporary workers brought in to take over…
Continue Reading FLSA Collective Action Travel Time Case Illustrates Nuances Of “Working Time” Conundrum
Collective Action On Automatic Lunch Deductions Settles: We’ve Seen This Before (Many Times)
Many employers these days have timekeeping systems that deduct time (e.g. thirty minutes) for lunch on a daily basis. There is an inherent danger in doing this, as employees may…
Continue Reading Collective Action On Automatic Lunch Deductions Settles: We’ve Seen This Before (Many Times)
Off-The-Clock Collective Action Case Settles: The Continuing Danger for Employers
I have defended many off-the-clock working time cases and I submit that they are very dangerous for employers. This is because they are particularly amenable to class certification because it…
Continue Reading Off-The-Clock Collective Action Case Settles: The Continuing Danger for Employers