preliminary

One of the biggest threats facing employers is employees performing pre-shift/post-shift work without being paid and then suing, as a class, for that compensation.  This trend is especially prevalent in

Continue Reading Will Employers Ever Learn?  Boot-Up Cases in Customer Service Call Centers Are A Real Problem!

Since the pandemic, companies across the nation have been dealing with the issue of remote work, from many perspectives, but amongst the most important, the wage-hour perspective of how to

Continue Reading Remote Work Under The FLSA Is A Hot Issue, Drawing Technical Guidance From The USDOL

When an employer is sued in a FLSA class/collective action, a big bone of contention often is the definition of the class and what should or should not be in

Continue Reading Company Wants FLSA Class Action Dismissed Due To Plaintiffs Improper Actions Regarding Notice To Opt-Ins

I have blogged about working time issues involving COVID testing and screening many times and there seems to be no shortage of these cases coming down the pike.  On that

Continue Reading The FLSA Working Time Issue Of The Times-The Compensability (Or Not) Of Pre-Shift Covid-Testing At The Workplace

The issue of working time, especially the issue of preliminary and postliminary activities and what activities are compensable, haunts me as a practitioner and is confusing for employers.  Many of

Continue Reading Another Call Center Case Finding Boot Up Time Is Compensable: What Else Is New?

To me, working time lawsuits are almost the most dangerous for an employer because they often will affect many employees, lending themselves (easily) to a purported class action. A recent
Continue Reading FLSA Training Time Class Action Highlights the Nuances of ‘Working Time’ Issues

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)