Rest and Meal Break Fair Labor Standards Act

News & Analysis as of

Fifth Circuit Rules Employer-Mandated Transit Time May Make Lunch Break Compensable

The Fifth Circuit Court of Appeals, which has jurisdiction over Texas, Louisiana and Mississippi, ruled Monday that security guards’ “off-the-clock” meal periods may be compensable when they were required to travel for 10 to...more

Beware State Wage and Hour Laws: Washington Supreme Court Upends Piece Work Calculations

Whenever I discuss federal law here on the blog, I usually add a disclaimer that reminds employers to check state and local laws before proceeding. With the proliferation of minimum wage increases, minding state and local...more

Supreme Court to Revisit Class-Certification Standards in Tyson Foods, Inc. v. Bouaphakeo

Monday, the Supreme Court granted review in what may be a major decision on the standards for class certification, Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146. Under Federal Rule of Civil Procedure 23, a court may not...more

Employment Law - May 2015

U.S. Supreme Court Permits Narrow Review of EEOC Conciliation Process - Why it matters: The U.S. Supreme Court handed a victory—albeit limited—to employers when it determined that courts may consider the...more

Employers Must Consult Both State And Federal Law To Ensure Their Meal And Rest Period Practices Are Legally Compliant

A series of recent federal and state court decisions provide a mixed bag for employers on the issue of mandatory meal periods. On the one hand, these decisions support an employer’s ability to provide meal periods to its...more

When is a Lunch Break Not a Lunch Break? The Sixth Circuit and Ruffin v. MotorCity Casino

Hopefully you aren’t reading this on your lunch break, hoping that you can then count the time spent as compensable work time, especially if you’re in the Sixth Circuit. ...more

Courts Firm Up Compensability for Employees’ Break Periods

The Sixth Circuit Court of Appeals decided two cases in January 2015 notably affirming that under the Fair Labor Standards Act, 29 U.S.C. 201, et seq. an employee’s break period is only compensable if the employee spends that...more

Employment Law - January 2015

U.S. Supreme Court: Security Screenings Not Compensable - Why it matters: In a closely watched case, the U.S. Supreme Court unanimously reversed the Ninth U.S. Circuit Court of Appeals to rule that the time spent by...more

Sixth Circuit Revisits FLSA Compliance During Employee Meal Periods

In Ruffin v. MotorCity Casino, the Sixth Circuit Court of Appeals considered whether casino security guards, required to remain on casino property during meal periods, monitor two-way radios, and respond to emergencies if...more

California Employment Law Notes - January 2015

$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award - State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc). Angela Aguilar who worked in a copper mine...more

6th Circuit: Interruptions During Meal Period Do Not Automatically Render Time Compensable

Yesterday we told you about the California Court of Appeals' decision in which the court found that it was not unlawful for an employer to require its security guards to be "on call" during rest periods. The Sixth Circuit...more

West Virginia DOL Withdraws Proposed Emergency Wage and Hour Regulations

In welcome news for employers, the West Virginia Department of Labor (WVDOL) has withdrawn a set of emergency regulations that would have significantly revamped state wage and hour requirements and created conflicts with...more

Automatic Meal Period Deductions and the FLSA [Wage and Hour FAQ]

As you know, under the FLSA, “bona fide meal periods” are not regarded as work time and can be unpaid. For a break to qualify as a bona fide meal period, “[t]he employee must be completely relieved from duty for purposes of...more

Third Circuit Affirms Dismissal of FLSA Overtime Claims in Hospital Meal Break Cases

On August 26, the United States Court of Appeals for the Third Circuit affirmed the District Court’s dismissal of the Fair Labor Standards Act (FLSA) overtime claims brought against a myriad of health care systems and their...more

Employment Law Issues for Health Care Employers [Video]

In this webinar, moderated by Mark Kadzielski, Pepper partner and chair of the firm’s Health Care Services practice, Susan K. Lessack and Christopher J. Moran, both of Pepper’s Labor and Employment Practice Group, will...more

Dispelling Employment Myths Series – Issue 3: 15 Minute Breaks

Ever play the game telephone? It’s a game in which one person whispers something into the ear of the next person, and that person is supposed to whisper the same thing into the ear of the next person, and so on. When the...more

Employers Win Some, Lose Some, in California Cases Started Prior to Dukes

Despite blockbuster cases like Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), and Brinker Rest. Corp. v. Superior Court, 273 P.3d 513, 527 (Cal. 2012), California remains a hotbed of employment class litigation as a...more

New York District Court Denies Certification and Conditional Certification of Class of Personal Bankers

One can only imagine the outcome the plaintiffs' attorneys were anticipating: a case against the financial industry, involving non-exempt employees subject to an auto-deduct policy for meal periods, in the Southern District...more

Benefits Update, No. 3, August 2013: "Nursing Mother" Break Requirement Spurs Investigations, Lawsuits

A little-known section of the Patient Protection and Affordable Care Act requires employers covered by the federal Fair Labor Standards Act (FLSA) to allow a worker to take unpaid break time to express breastmilk for her...more

Healthcare Legal Alert: Former Nurse Asks U.S. Supreme Court To Settle Circuit Split On Meal Break And Timekeeping Issue

On July 22, 2013 a former nurse asked the U.S. Supreme Court to resolve a circuit split, which she claims the Sixth Circuit created when it found that the nurse's admitted failure to follow the hospital's procedures for...more

How Franchise Systems Can Minimize Risks of Labor Violations

No one enjoys being the center of attention when that attention is coming from federal regulators. Yet that’s where franchise systems have found themselves of late – especially in the hospitality sector, which accounts for a...more

Supreme Court Provides Employers An Additional Tool To Limit FLSA Collective Action Allegations

On April 16, 2013, in a 5-4 decision, the United States Supreme Court held that a Fair Labor Standards Act ("FLSA") collective action may not proceed when the lone named plaintiff's individual claim becomes moot. This case...more

The Fourth Circuit Uncovers A Lack Of Certification Analysis In Recent Pinkerton Class Action

On November 6, 1860, Abraham Lincoln was elected the 16th President of the United States. Shortly after his election, rumors of a possible plot to assassinate the decidedly pro-Union President-elect began to circulate. With...more

Rule 23(b) or Not to Be: Wang v. Chinese News the Ninth Circuit’s Latest Decision to Reevaluate Certification after Wal-Mart

The Ninth Circuit’s recent decision in Wang v. Chinese Daily News is the latest to affirm that Wal-Mart v. Dukes is controlling in wage-and-hour class action cases. ...more

Second Circuit Decision

In Lundy v. Catholic Health System of Long Island Inc., Plaintiffs – a respiratory therapist and two nurses – sued on behalf of a putative class of similarly situated employees and alleged that the Catholic Health System of...more

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