I have defended many claims and lawsuits involving working time, especially travel time. Employees are continually seeking innovative ways to convert their otherwise non-compensable home-to-work travel into compensable work hours.
Continue Reading Working Time/Travel Time Case Thrown Out: No Integral Connection to Primary Duty
Travel Time
FLSA Collective Action Travel Time Case Illustrates Nuances Of “Working Time” Conundrum
By Mark Tabakman on
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
Off-The-Clock Collective Action Case Settles: The Continuing Danger for Employers
By Mark Tabakman on
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…
Continue Reading Off-The-Clock Collective Action Case Settles: The Continuing Danger for Employers
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…
Continue Reading First New USDOL FLSA Opinion Letters Are Issued – A Very Good Thing
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…
Continue Reading When Does Travel Become Compensable Work Hours?
Discovery Delays Do Not Doom Cases Of Opt Ins In Off-The-Clock FLSA Suit
By Mark Tabakman on
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…
Continue Reading Discovery Delays Do Not Doom Cases Of Opt Ins In Off-The-Clock FLSA Suit
Arbitration of Overtime Claim Against Exxon Ordered Because Contract Interpretation Necessary
By Mark Tabakman on
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…
Continue Reading Arbitration of Overtime Claim Against Exxon Ordered Because Contract Interpretation Necessary
Travel Time Issues Under the FLSA: An Overview
By Mark Tabakman on
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
Labor Contract Preemption And FLSA Lawsuits: The Twain Shall Never Meet?
By Mark Tabakman on
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…
Continue Reading Labor Contract Preemption And FLSA Lawsuits: The Twain Shall Never Meet?
Nationwide Nursing Home Chain Hit With FLSA Collective Action That Targets The Nature of The “Fee Basis” Of Payment
By Mark Tabakman on
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…
Continue Reading Nationwide Nursing Home Chain Hit With FLSA Collective Action That Targets The Nature of The “Fee Basis” Of Payment