News & Analysis as of

Rest and Meal Break Fair Labor Standards Act

Get To Know New Nursing Mothers’ Law For Nevada Workers

by Fisher Phillips on

Although the federal Fair Labor Standards Act (FLSA) already protects nursing mothers from employment discrimination and retaliation while requiring employers to provide them with reasonable break time and a private space to...more

California Employment Law Notes - July 2017

In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows...more

No Good Deed Goes Unpunished – The Supreme Court May Decide Whether Payments for Meal Breaks Can Offset Alleged Off-The-Clock Work

by Seyfarth Shaw LLP on

Pending before the United States Supreme Court is a petition for writ of certiorari asking the Court to determine whether an employer may use payments for bona fide meal periods as an offset/credit against compensable work...more

An Employer’s Short Guide to Employee Break Time Obligations

by Nexsen Pruet, PLLC on

A recent study showed that employees who regularly take short breaks are far more productive than those who work continuously for hours on end. The study, conducted by the Draugiem Group, found that the ideal work-to-break...more

The FLSA and Your CBA: 3rd Circuit Finds Claims Were Not Subject to Dispute Resolution Provisions

In Jones v. SCO Silver Care Operations LLC, No. 16-1101 (May 18, 2017), the Third Circuit Court of Appeals addressed whether several certified nursing assistant plaintiffs were entitled to pursue their claims for violations...more

What’s Compensable?

by Zelle LLP on

The Fair Labor Standards Act has made plenty of news recently, but most of the attention has been focused on who qualifies for overtime. For much of 2016, it looked like new federal regulations would require that anyone...more

The Future Of The ACA And Break Time For Nursing Mothers

by Jackson Lewis P.C. on

Among the many changes recently proposed to the Patient Protection and Affordable Care Act (“ACA”), one that has not yet occurred is a repeal of the requirement that certain employers provide break time for nursing mothers....more

The California Edition of the Employment & Labor Newsletter - April 2017

by Wilson Elser on

Exceptions to California’s “Going and Coming” Rule - In Lynn v. Tatitlek Support Services, Inc., E063585, Super.Ct.No. CIVBS1200525, 2/22/17, the plaintiffs appealed a summary judgment at the California Court of Appeal...more

Dispelling the 10 Biggest Wage and Hour Myths – Part II

I’m happy to report (at least from the standpoint of my own safety) that I was unable to find any evidence last night of the existence of a Big Foot or Sasquatch roaming the neighborhoods of Orefield, Pennsylvania.  That...more

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

Five Wage and Hour Questions: What’s “In Store” For 2017?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With the new administration and new year well underway, retail employers may be wondering what’s next for likely litigation and legislation impacting their business. Below are thoughts about five questions...more

Massachusetts Superior Court Holds That Meal Breaks Are Compensable Unless Employees Are Relieved of All Work-Related Duties

In a decision that could spell trouble for Massachusetts employers, a judge in the Superior Court’s Business Litigation Session recently held that meal breaks count as “compensable working time,” for which employees must be...more

MA Superior Court Adopts “Relief from Duties” Test to Determine If Meal Breaks Are Compensable

by Foley Hoag LLP on

In a recent decision, a Massachusetts Superior Court judge clarified the standard for determining whether employers must pay employees for time spent on meal breaks under Massachusetts law. In Devito v. Longwood Security...more

Opt Ins are Out (of Luck) Appealing Decertification

by Seyfarth Shaw LLP on

With all the drama of a get-away chase, the Third Circuit recently brought to a screeching halt plaintiffs’ counsel’s elaborate maneuvers to end run repeated decertification of their FLSA actions, and held as a matter of...more

Paid Breaks Cannot Offset Overtime Obligations

Neither the federal Fair Labor Standards Act nor wage payment laws in place in most states require that employers provide non-exempt employees with paid meal and other breaks. However, employers commonly offer employees paid...more

Employers Beware – The Third Circuit Strictly Construes the FLSA Regulations to Prevent Taking Credit to Offset Overtime...

As employers prepare to implement the new federal Department of Labor regulations which, on December 1, 2016, will double the minimum salary required for many exemptions under the Fair Labor Standards Act (“FLSA”), employers...more

Third Circuit Confirms Paid Meal Breaks Cannot Offset FLSA Overtime Liability

by McNees Wallace & Nurick LLC on

In a recent decision, the Third Circuit emphasized the need for employers to capture and compensate all hours worked by non-exempt employees, even if the employer pays the employees for break time that it could treat as...more

Supreme Court Declines Review of D.C. Circuit’s Decision Upholding DOL Home Care Rule as Regulatory and Litigation Focus on Home...

by Littler on

On June 27, 2016, the U.S. Supreme Court denied the plaintiffs’ petition for a writ of certiorari in Home Care Association of America v. Weil, leaving the U.S. Department of Labor’s (“DOL”) Home Care Rule intact. The Home...more

10 Tips to Mitigate or Prevent Wage and Hour Litigation in the Post-Acute Industry

by BakerHostetler on

Wage and hour lawsuits are being filed against employers under federal and state wage and hour laws at a record rate. Most wage and hour claims allege the employer failed to pay employees for off-the-clock work, failed to pay...more

Beware Unpaid Rest Breaks for Non-Exempt Employees

A recent federal court decision in Pennsylvania affirmed the risks incurred by employers if they treat brief rest breaks as unpaid for non-exempt employees. In Perez v. American Future Systems, Inc. d/b/a Progressive Business...more

The Third Circuit Adopts Predominant Benefit Test For Meal Periods, Leaving The Ninth Circuit As The Sole Holdout

by Epstein Becker & Green on

The Third Circuit Court of Appeals recently joined the chorus of Circuits adopting the pro-employer “predominant benefit test” when weighing the compensability of meal periods under the Fair Labor Standards Act (“FLSA”). As...more

Third Circuit Decides Two Precedential Employment Cases to Close Out November 2015

by Cole Schotz on

Over a span of two weeks at the end of last month, the Third Circuit Court of Appeals issued two key opinions concerning oft-scrutinized areas of employment law — rights attendant to employer-employee relationships and...more

Third Circuit Adopts New Test for Determining Whether Meal Breaks Are Compensable

by Genova Burns LLC on

On November 24, 2015, a divided U.S. Court of Appeals for the Third Circuit found that the “predominant benefit” test should be applied when determining whether mealtime breaks constitute compensable time under the Fair Labor...more

Meal Break Win in Third Circuit Gives Employers Reason to Be Thankful for More Than Thanksgiving Meals

by Seyfarth Shaw LLP on

Although the turkey (and leftover turkey sandwiches) are all gone, employers within the Third Circuit have reason to extend the Thanksgiving celebration given a recent decision affirming the dismissal of a collective action...more

Recent Prison Guard Case Frees Employers from Meal Period Uncertainty Under the FLSA

by Cozen O'Connor on

The U.S. Court of Appeals for the Third Circuit has provided some certainty to Pennsylvania, New Jersey and Delaware employers as to when employees’ meal breaks can be uncompensated and when they must be paid. In a split...more

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