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
In Maddy v General Electric Company, filed in federal court in the District of New Jersey, the plaintiffs brought a collective action pursuant to the Fair Labor Standards Act (“FLSA”)
Continue Reading FLSA Collective Action Certified By NJ Federal Court: Another Dangerous “Electronic” Class Action
I have lectured and presented extensively on what does and does not constitute working time, in the context of preliminary and postliminary activities. The key in such determinations is whether
Continue Reading Supreme Court Ruling on Pre/Post Shift Activities: New Wine in an Old Bottle
Better safe than sorry is the old adage. Nowhere is this maxim more applicable than for an employer’s compensation practices, especially on issues of classification, working time, and record keeping
Continue Reading When Is It Time For A Wage Hour Audit? Answer—Now!