The employer who is fighting a collective or class action must make the argument that there is too much of a need for individual scrutiny to allow a class to
Continue Reading Need For Too Much Individual Scrutiny Defense Fails: A Real Bummer!
Paid Time Off For Getting The Vaccine: States Are Moving Towards That.
I have been asked many times by clients if they need to give employees paid time off in order to get the vaccine. I tell them (in New Jersey) that
Continue Reading Paid Time Off For Getting The Vaccine: States Are Moving Towards That.
Spring Ahead, Fall Back, Pay Now, Pay Later: Daylight Savings Time And The FLSA
This Sunday was Daylight Savings Time and we pushed the clocks ahead by one hour. This is, on a human level, a welcome event, as it signals winter’s end. Now,
Continue Reading Spring Ahead, Fall Back, Pay Now, Pay Later: Daylight Savings Time And The FLSA
Biden DOL Withdrawal Of Trump DOL Opinion Letters Signals Major Pendulum Swing Towards Employees
I have often said that the USDOL is a politically charged industry and its view on legal issues (much like the National Labor Relations Board) shifts with the Administration that
Continue Reading Biden DOL Withdrawal Of Trump DOL Opinion Letters Signals Major Pendulum Swing Towards Employees
Bah, Humbug! Hospital Hit With Another Of The FLSA Collective Actions On Missed Lunches
The health care industry seems to be ground zero for a particular kind of class action lawsuit. Many of these health care institutions have policies where a thirty-minute lunch period
Continue Reading Bah, Humbug! Hospital Hit With Another Of The FLSA Collective Actions On Missed Lunches
FLSA Working Through-Lunch Case Gets Dismissed: Another Automatic Lunch Deduction Case Goes Nowhere!
I have defended many cases in which the employee(s) claim they worked through lunch and are owed wages (or, usually, overtime). These cases are usually difficult to defend unless the
Continue Reading FLSA Working Through-Lunch Case Gets Dismissed: Another Automatic Lunch Deduction Case Goes Nowhere!
Many Wage and Hour Issues Arise in Return-to-Work Scenarios From COVID-19
We are seeing states start to re-open and businesses start to come back to life and bring their employees back. There are many difficult economic issues that surround these developments,
Continue Reading Many Wage and Hour Issues Arise in Return-to-Work Scenarios From COVID-19
Working Time/Travel Time Case Thrown Out: No Integral Connection to Primary Duty
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
Employers Must Be Aware of “Sneaky” Working Time FLSA Collective Action Cases
I continue to blog about working time cases because these are the kind of lawsuits that can sneak up on an employer who does not realize that a certain pre-shift
Continue Reading Employers Must Be Aware of “Sneaky” Working Time FLSA Collective Action Cases
Off-The-Clock Collective Action Case Settles: The Continuing Danger for Employers
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