News & Analysis as of

Off-Duty Employees Fair Labor Standards Act (FLSA)

Fox Rothschild LLP

How Many Times Do We Have To Go Through This? Another Call Center Boot-Up FLSA Class Action

Fox Rothschild LLP on

It seems every week another call center case pops up. These are extremely dangerous cases for employers and that is why I keep writing (or, harping) about them, as a warning to employers, not only those who operate call...more

ArentFox Schiff

Top 10 Legal Challenges for Employers

ArentFox Schiff on

With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more

Fox Rothschild LLP

When Employees Voluntarily/Intentionally Cut Their Lunch Breaks Short, Are They Entitled to Compensation?

Fox Rothschild LLP on

I have handled many lunchtime cases, where an employee (or a class) claim that they were not accorded a full thirty-minute lunch and therefore that half-hour (and many others perhaps) is compensable time. There are many...more

Jackson Lewis P.C.

Class Action Trends Report Winter 2022

Jackson Lewis P.C. on

In this issue of the Class Action Trends Report, Jackson Lewis attorneys look back at class action developments in 2021, including COVID-19 vaccine mandate litigation, significant procedural decisions, wage and hour suits,...more

Fox Rothschild LLP

These Pre-Shift Working Time Cases Keep Popping Up–Employers Beware!

Fox Rothschild LLP on

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” under the FLSA. This is the...more

Fox Rothschild LLP

Yet Another FLSA Call Center Working Time Class Action—Here We Go Again!

Fox Rothschild LLP on

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 that they were expected/required to handle customer...more

Fox Rothschild LLP

Trial Before Certification in FLSA Class Action Case?—Third Circuit Says No Way!

Fox Rothschild LLP on

In a chicken-and-egg type of case, an unusual case, the Third Circuit has emphatically held a Judge taking over a class action case must deal with the threshold issue of whether a class should be certified prior to a trial...more

Jackson Lewis P.C.

Deciding Whether To Train Manufacturing Workers Where Work Happens Or Subsidize Off-Duty Training

Jackson Lewis P.C. on

Manufacturers face increasing difficulty in finding employees with the skills they need, where they need them to be. The skills gap has become a bigger issue as more manufacturers are looking to build where they sell, and...more

Constangy, Brooks, Smith & Prophete, LLP

Second-Guessing The Advice Columns: After-Hours Texts From The Boss

Miss Manners should stick to writing about ice cream forks. Those of you who read this blog know that I am a longtime fan of the etiquette columnist Judith Martin, aka "Miss Manners," in the Washington Post. I have even...more

Akerman LLP - HR Defense

Weed and the Workplace: Recent Developments in New York, Virginia, and Colorado

Employers take note: recently New York became the 15th state to legalize recreational marijuana use through Senate Bill 854A, and Virginia is not far behind. ...more

Amundsen Davis LLC

Is An Employee’s Voluntary Attendance At Training Programs Compensable?

Amundsen Davis LLC on

The U.S. Department of Labor (DOL) issued additional guidance to employers as to the compensability of time employees spend attending voluntary training programs under the Fair Labor Standards Act (FLSA). In other words, if...more

Jackson Lewis P.C.

Top Five Labor Law Developments For July 2020

Jackson Lewis P.C. on

1. The National Labor Relations Board (NLRB) modified its standard for determining whether an employer may lawfully discipline an employee for abusive or offensive statements and conduct in the context of activity otherwise...more

Parker Poe Adams & Bernstein LLP

Truckers' Off-Duty Sleeping Time Not Compensable Under FLSA

Interstate truck drivers are generally exempt from the overtime requirements of the Fair Labor Standards Act. However, this statutory exemption does not apply to minimum wage obligations, and employers are therefore required...more

Seyfarth Shaw LLP

The Road To FLSA Litigation Is Often Paved With Good Intentions

Seyfarth Shaw LLP on

Even as FLSA litigation has surged to historic highs, it is rare to see a nefarious violation of the Act by a manager or supervisor. Far more prevalent, it seems, are stories of managers who, while intending to afford...more

Amundsen Davis LLC

Court Lays Out Guidance For Ensuring Hourly Workers Are Paid For Off-Duty Work

Amundsen Davis LLC on

Addressing an employment issue of interest in an increasingly digital world, the Seventh Circuit Court of Appeals (which has jurisdiction over lower federal courts in Illinois, Indiana, and Wisconsin­­) recently upheld a...more

McAfee & Taft

Seventh Circuit case demonstrates value of good time reporting procedures

McAfee & Taft on

Police officers in the Chicago Police Department claimed in a recent case that they were not compensated for work they performed on their mobile electronic devices — specifically, their BlackBerrys — while off-duty. A total...more

Manatt, Phelps & Phillips, LLP

Employment Law - August 2017 #2

Court Shoots Down Officers’ FLSA Claim for Off-Duty Work - Why it matters - Chicago police officers seeking compensation for work performed using their mobile devices while the officers were off duty could not recover...more

Foley & Lardner LLP

Off-Duty Emails May Be Compensable (or Not)

Foley & Lardner LLP on

After living with the reality of after-hours work emails, texts and cell phone calls for so many years, no one should be surprised that the Fair Labor Standards Act (FLSA) (29 U.S.C. § 201 et seq.) requires employers to pay...more

Seyfarth Shaw LLP

Seventh Circuit Sends Police Officers’ Off-Duty BlackBerry Claims to Spam Folder

Seyfarth Shaw LLP on

Employers often grapple with what to do when their policies prohibit off-duty work, like working on mobile devices after hours, that employees don’t follow. Even if it has a policy prohibiting off-duty work, if the employer...more

Jackson Lewis P.C.

City Of Chicago Not Liable For Police Officers’ After-Hours Smartphone Use, Seventh Circuit Affirms

Jackson Lewis P.C. on

The City of Chicago lacked either actual or constructive knowledge that members of the Chicago Police Department were performing after-hours work on their smartphones, the Seventh Circuit Court of Appeals has ruled, affirming...more

Seyfarth Shaw LLP

So What About Those “BlackBerry Claims” We’ve Been Worried About?

Seyfarth Shaw LLP on

BlackBerry devices may be a thing of the past; but smartphones–and their ability to allow employees to be constantly connected–certainly aren’t going away any time soon. On Thursday, a judge in the Northern District of...more

Fenwick & West LLP

Update On Recent And Anticipated Federal Regulatory Developments

Fenwick & West LLP on

Federal white collar exemptions: According to the Department of Labor’s (“DOL”) most recent Semiannual Regulatory Agenda, proposed rules revising the regulations implementing the federal Fair Labor Standards Act (“FLSA”) are...more

Franczek P.C.

Department of Labor Seeks Information about Employees' Use of Smartphones

Franczek P.C. on

The Obama Administration used the occasion of Memorial Day weekend to release its required Semiannual Regulatory Agenda. The Agenda, which is not binding on the DOL, lists a number of items including two specifically related...more

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