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
Postliminary Activity
Supreme Court Ruling on Pre/Post Shift Activities: New Wine in an Old Bottle
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
When Is It Time For A Wage Hour Audit? Answer—Now!
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!
Travel Time Issues Under the FLSA: An Overview
When is travel time compensable? The focus is on whether an employee is engaged in travel as part of the employee’s principal activity or for the benefit of the employer.…
Continue Reading Travel Time Issues Under the FLSA: An Overview
Xerox Company Pays Employees Millions For A Few Minutes Each Day
Affiliated Computers Services, Inc. (“ACS”), a company owned by Xerox, has agreed to settle a wage and hour dispute with call center employees for $4.5 million. The call center workers…
Continue Reading Xerox Company Pays Employees Millions For A Few Minutes Each Day
Another Call Center Case Focuses On Off The Clock Working Time
I have written many times about class actions for claimed working time and the great danger of these “subtle” kinds of violations that then explode on the employer. Call centers…
Continue Reading Another Call Center Case Focuses On Off The Clock Working Time
Seventh Circuit Affirms That “Suffering or Permitting” Employees To Work Means The Employer Must Know Of The Work
I am always counseling clients to have very good and strict time reporting systems so that employees cannot claim they performed work and want to be compensated for it. I…
Continue Reading Seventh Circuit Affirms That “Suffering or Permitting” Employees To Work Means The Employer Must Know Of The Work
Blowin’ In The Wind: Another Off-the-Clock Working Time Class Action
In recent years, there has been a veritable explosion of class actions in which the theory is that the employer has failed to pay for preliminary or postliminary “working time.” …
Continue Reading Blowin’ In The Wind: Another Off-the-Clock Working Time Class Action
Off-the-Clock Collective Action Settled by Chicago Transit Authority
Just the other day, I posted about an off-the-clock class action that involved field technicians. In this off-the-clock FLSA collective action, bus drivers claimed that they were not compensated for…
Continue Reading Off-the-Clock Collective Action Settled by Chicago Transit Authority
Another Technician Off-the-Clock Class Action: The Most Dangerous Occupation For Such Claims
I have often discussed the issue of lawsuits (usually collective actions) for off-the-clock claims and preliminary and postliminary work claimed to be compensable. These are usually mundane activities and usually…
Continue Reading Another Technician Off-the-Clock Class Action: The Most Dangerous Occupation For Such Claims