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
I see yet another class action lawsuit involving preliminary and postliminary activities, such as, in this case, donning-and-duffing clothing. A group of workers has sued their employer, a steel fabricating
Continue Reading Yet Another Preliminary/Postliminary Class Action: More Of The Same
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)
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!
I always tell clients they must comply with both federal and state law, whatever State they are situate in, that complying with one is not a defense to not complying
Continue Reading Employers Beware—State Wage Hour Rules May Be Tougher Than The FLSA and Must Be Complied With
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