Off-The-Clock

Textual Harassment Could CRE8 Liability For Employers

by Kristin A. LaRosa | Pepper Hamilton LLP on 2/25/2013

Originally published in Westlaw Journal Employment (Volume 27, Issue 15), February 20, 2013. Consider the following three scenarios: Scenario one: Terrence worked as a flight attendant for Fly Right Airlines. While...more

Missouri Court Denies Conditional Certification Of Off-The-Clock Case

by Greg Mersol | BakerHostetler on 2/25/2013

In some respects, one of the most difficult types of wage and hours lawsuits are so-called “off-the-clock” cases in which the employer has promulgated lawful time-keeping and compensation policies, but the plaintiffs contend...more

Ohio District Court Denies Conditional Certification In FLSA Case

by Greg Mersol | BakerHostetler on 2/18/2013

We’ve commented before that while most courts apply a fairly lenient standard at the “conditional certification” phase of Fair Labor Standards Act collective action litigation, plaintiffs tend to have a harder time in...more

A Recent Off-The-Clock Case Should Not Breed Complacency

by Edward Boehm | Fisher & Phillips LLP on 12/18/2012

It might sometimes seem from the parade of headline-grabbing, employee-favoring court decisions that employers are destined to lose in so-called "off-the-clock" cases under the federal Fair Labor Standards Act....more

Court Denies Conditional Certification of Class of Debt Collectors

by Greg Mersol | BakerHostetler on 12/17/2012

If someone with too much time on their hands tried to catalogue all of the decisions regarding conditional certification of proposed FLSA class actions, they would likely find that while plaintiffs prevail at this stage more...more

Documentation of Potential Off-the-Clock Work Violations via Electronic Devices: Are You Prepared?

by Cynthia A. Bremer, Charles McDonald, III | Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/11/2012

Have you considered the wage and hour challenges facing employers in the new electronic communication age? If you have, you may have only considered half of the challenge....more

Wage and Hour Series: Examples of Off-The-Clock Work Violations Involving Use of Technology

by Cynthia A. Bremer, Charles McDonald, III | Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/1/2012

In this, the second post in our series on hot topics in the wage-and-hour arena, we focus on some of the off-the-clock pitfalls that face employers. Off-the-clock issues are particularly challenging given the new way that...more

Applying Wage and Hour Laws to the 21st Century Workforce

by Cynthia A. Bremer, Charles McDonald, III | Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/5/2012

Technological advancements and flexible workplace arrangements have drastically increased the potential exposure to employers for off-the-clock work performed by non-exempt employees. With the number of lawsuits involving...more

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