News & Analysis as of

Actual or Constructive Knowledge Fair Labor Standards Act (FLSA)

Mitchell, Williams, Selig, Gates & Woodyard,...

Legally speaking, working from home blurs line between ‘work' and ‘home'

The COVID-19 pandemic has forced businesses across Arkansas to transition from a traditional office environment to remote work. With flu season approaching and an increasing number of COVID-19 cases, many employers will...more

Jackson Walker

Proper Payment for Hours Worked by Remote Workers in the Age of COVID-19: U.S. Department of Labor Issues New Guidance to...

Jackson Walker on

COVID-19 has augmented many challenges for employers. The most observable of these has been the necessity of avoiding congregating employees at the workplace. Unfortunately for employers, eliminating the requirement to work...more

Weintraub Tobin

Employers Must Use Reasonable Diligence To Track Telecommuting Employee Hours

Weintraub Tobin on

With 31% (or more) of American workers working from home as of April 2020, according to a survey cited by the Bureau of Labor Statistics, and probably even more since then, most employers face important questions: what is the...more

Proskauer - Law and the Workplace

DOL Guidance Reminds Employers of Obligations to Track and Pay For Remote Work

On August 24, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued a Field Assistance Bulletin (“FAB”) providing guidance on employers’ obligations under the Fair Labor Standards Act (“FLSA”) to track...more

Fisher Phillips

Web Exclusive: Should Employees Receive Compensation For Off-The-Clock Cell Phone Use?

Fisher Phillips on

You might hate to admit it, but it’s true: mobile devices are the adult version of a toddler’s teddy bear. They give us comfort and a sense of belonging. We carry them everywhere and traveling without them makes us feel like...more

Fisher Phillips

"I'm Not Paying For That": Update On Using Timekeeping Policies To Defend Off-The-Clock Claims

Fisher Phillips on

We have recently focused upon the growing number of federal court decisions under the federal Fair Labor Standards Act that have given legal weight to carefully-crafted, well-maintained employer policies requiring employees...more

Parker Poe Adams & Bernstein LLP

Computer Usage Records Not Enough to Place Employer on Notice of Unauthorized Overtime

Under the Fair Labor Standards Act, employers are liable for payment of overtime to covered employees. This requirement applies to time that is not specifically authorized by the employer if it is “suffered,” meaning that the...more

Fisher Phillips

"Constructive Knowledge" Off-The-Clock Claim Rejected

Fisher Phillips on

Another federal appellate court, this time the Fifth Circuit U.S. Court of Appeals (with jurisdiction over Mississippi, Louisiana, and Texas) has rejected an employee's claim to have been entitled to federal Fair Labor...more

Foley & Lardner LLP

I Falsified My Time Records … But I’m Still Suing You for Overtime

Foley & Lardner LLP on

Employers sometimes rely on equitable arguments, such as “unclean hands” (which asserts that it would not be fair to hold an employer liable when the employee’s actions caused or contributed to his own injury or damages). But...more

Orrick - Employment Law and Litigation

Secretly Working Off The Clock—You Don’t Get Paid For That!

Following principles that federal courts have applied in similar cases under the Fair Labor Standards Act, a California appellate court recently confirmed that employers are not liable under the California Labor Code for...more

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