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
Employees get paid overtime when their work hours exceed forty in a “workweek.” This is a simple, yet complicated concept that is essential for employers to understand and be aware
Continue Reading What Is A Workweek Under The FLSA?: Whatever The Employer Says
I have handled many working time cases, such as travel time and waiting time cases. A recent case coming out of Maryland spells trouble for employers on these issues. A
Continue Reading Decision On Travel Time And Waiting Time May Signal A Troubling Trend
Whether hours spent on call are compensable hours of work is a question of fact to be decided in the context of a given case, based upon a variety of
Continue Reading On-Call Hours Can Be A Timebomb For Employers Unless The Situation Is Appropriately Handled By The Employer: It Can Be Done!How many times have I written about working time cases, so called “off the clock” cases, where the claimed compensable time arises from preliminary or postliminary activities that are tied
Continue Reading Preliminary/Postliminary Class Action (Again): What Does “Integral” Mean To Make Pre-Shift Activities Compensable
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 had blogged about this case some months ago and am interested in following it through. Now, a Judge has granted conditional certification to a class of oil and gas
Continue Reading FLSA Travel Time Class Action For Oil & Gas Workers Gets Conditional Certification: Now, The Fun Begins!
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)
Many employers believe that if an employee (or many employees) perform a tiny amount of work, or work-like activity, before their shifts, that brief off-the-clock, activity cannot be “working time”
Continue Reading These Pre-Shift Working Time Cases Keep Popping Up–Employers Beware!
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!