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 the jobs of locked out workers cannot receive pay under the FLSA for their time spent travelling to and crossing the picket line. The case
Travel Time
Off-The-Clock Collective Action Case Settles: The Continuing Danger for Employers
By Mark Tabakman on
Posted in Overtime Issues, Working Time
I have defended many off-the-clock working time cases and I submit that they are very dangerous for employers. This is because they are particularly amenable to class certification because it is likely that there is a common policy applicable to the members of the class. This premise is highlighted by a recent settlement for a…
First New USDOL FLSA Opinion Letters Are Issued – A Very Good Thing
By Mark Tabakman on
At long last, new USDOL Opinion Letters are bursting forward. Like Spring. The agency just issued three new letters on a variety of topics, including one of my favorites, travel time. The other letters address issues of compensable break time as well as the kinds of lump-sum payments that could be garnished for child support.…
When Does Travel Become Compensable Work Hours?
By Mark Tabakman on
I blog a lot about working time cases because these are the issues can sneak up on an employer, even the most well intentioned and good faith employer. Travel time is one of these murky, arcane kind of activities that go unnoticed by companies until, often, a lawsuit is filed. Another example emerges. A group…
Discovery Delays Do Not Doom Cases Of Opt Ins In Off-The-Clock FLSA Suit
By Mark Tabakman on
Posted in FLSA Retaliation, Working Time
Usually, when a party does not respond to discovery requests, it can face sanctions, including the dismissal of the case (if he/they are the plaintiff(s). Well, that truism took a hit the other day when a New Jersey federal judge did not dismiss the claims of two opt-in plaintiffs in a FLSA collective action against…
Arbitration of Overtime Claim Against Exxon Ordered Because Contract Interpretation Necessary
By Mark Tabakman on
Posted in Overtime Issues
Arbitrate or litigate? Like everything else in the law, it depends…
Whether a claim for overtime should be arbitrated rather than fought out in court depends on whether the claim necessitates examination and interpretation of the labor contract. Under well-established legal principles, workers have an independent right to sue in court, rather than arbitrate, but…
Travel Time Issues Under the FLSA: An Overview
By Mark Tabakman on
Posted in Working Time
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.
The Basic Rules
• Basic Rule #1: Normal travel from home to work is not work time. This is true whether the employee works …
Labor Contract Preemption And FLSA Lawsuits: The Twain Shall Never Meet?
By Mark Tabakman on
Posted in Class Actions
When a labor contract contains provisions that address wage hour issues (such as travel time, or donning and doffing time) a defense argument to dismiss a FLSA suit is that the suit is preempted by federal labor law. This is essentially asserting that the wage hour issue is inextricably tied with contract interpretation so it…
Nationwide Nursing Home Chain Hit With FLSA Collective Action That Targets The Nature of The “Fee Basis” Of Payment
By Mark Tabakman on
Posted in Class Actions, Exemptions
The health care industry seems to draw more than its fair share of class action lawsuits. In another example of this trend, home-health workers have filed a FLSA class action in federal court, alleging that their employer misclassified them as exempt and thus improperly denied them overtime. The case is entitled Cook v. Amedisys, Inc.…
Does Home-to-Work Commute Time Become Compensable Under The “Continuous Workday” Theory?
By Mark Tabakman on
Posted in Working Time
In a May 9, 2011 posting in the Connecticut Employment Law Blog, Daniel Schwartz took a look at the recent decision of the Second Circuit in Kuebel v. Black & Decker. He notes that the Court held that home-to-work commute time does not become compensable time, merely because the employee has performed work-related tasks…