I love working time cases. And we got a real winner lately. The Third Circuit has recently ruled that clothes-changing time for oil rig workers was compensable. In so doing
Continue Reading Third Circuit Clarifies The Meaning Of “Integral and Indispensable” Test In Preliminary/Postliminary Working Time Cases: Employers Beware!
It seems every other week there is a call center case involving preliminary and postliminary working time. Now, it is a Wayfair call center. The customer service workers allege that
Continue Reading Will These Working Time Call Center Cases Ever Stop? I Bet Not!
I read an interesting blog post by Seyfarth Shaw on a working time case in a call center. I have often blogged about working time cases, preliminary/postliminary cases, and have
Continue Reading The De Minimis Doctrine May Not Be As Moribund As I Have Thought: Call Center Case Makes This (Important) Point
Working time cases, especially those claiming pay for preliminary or postliminary work are difficult and dangerous because they sneak up on an employer. These activities may seem minimal, or not
Continue Reading Another Preliminary/Postliminary Case: What The Employer Need Be Aware Of!I have many clients that want to comply with the Fair Labor Standards Act (“FLSA”) and pay workers properly, especially for overtime. However, I have found that even the most
Continue Reading Piece Rate Overtime FLSA Class Action Shows Danger In Improper Overtime Computation: The Nuances of the Overtime Regulations (29 CFR 778)
I have written about call center cases, which involve allegedly unpaid working time, many times. Well, they continue to pop up. In a recent case, a class of workers claim
Continue Reading Yet Another FLSA Call Center Working Time Class Action—Here We Go Again!
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.
Continue Reading Donning and Duffing Cases Keep Happening: The Danger of Off-The-Clock Activities
I have followed this case closely for some time, I blogged in September that I thought the City of Chicago had positioned itself in the most favorable position, with the
Continue Reading A Great Victory! Federal Judge Rules Against Plaintiffs In Off-Duty BlackBerry Use Trial
This has been a protracted lawsuit; I have used this case (for some years now) as an example when
Continue Reading A (Potentially) Big Time FLSA Blackberry Case Goes To Trial
I have posted numerous times about the dangers of (and the escalation of lawsuits) involving claims of off-the-clock work. Well, here we have yet another example. A $450,000 settlement has
Continue Reading Another FLSA Off-the-Clock Case: Employees Allegedly Ordered Not To Report Time