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Wage and Hour › Off-The-Clock › Timekeeping

Seyfarth Shaw LLP

Second Circuit Addresses Off-The-Clock Work

Seyfarth Shaw LLP on

In Perry et al. v. City of New York, the Second Circuit upheld a large jury verdict in favor of a collective of workers regarding off-the-clock work. In doing so, the Court reaffirmed the principle that employers will...more

Weintraub Tobin

Bad News For Employers: The California Supreme Court Disallows Rounding Meal Periods And Creates A Presumption That The Meal...

Weintraub Tobin on

Background: Under California law, employers must provide non-exempt employees with one 30-minute meal period that begins no later than the end of the fifth hour of work and another 30-minute meal period that begins no...more

Jaburg Wilk

Is Remote Work Increasing Off the Clock Work?

Jaburg Wilk on

Earlier this year, became, for many of us, part of our “new normal.” And such arrangements are likely to continue in the future. With the number of new infections continuing to rise throughout the United States, many...more

Proskauer - California Employment Law

Employees Who Were Required To Call-In Prior To Shift Were Entitled To Reporting-Time Pay

Proskauer - California Employment Law on

Herrera v. Zumiez, Inc., 953 F.3d 1063 (9th Cir. 2020) - Alexa Herrera filed this putative class action against her employer, alleging that Zumiez failed to provide reporting-time pay to employees at its California retail...more

Nilan Johnson Lewis PA

Managing Off-The-Clock Time During the Pandemic

Nilan Johnson Lewis PA on

Ensuring that hourly employees accurately record their work time—and that employees are paid for all work time—can be a challenge even under the best of circumstances. But it’s crucial to avoid or defend costly class...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Key Wage and Hour Issues for Manufacturing Industry Employers – Part I

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Join hosts Bud Bobber and Keith Kopplin as they discuss important wage and hour topics for manufacturing industry employers, including compensable work, pre and post-shift activities, donning and doffing, meal and rest...more

McAfee & Taft

What exactly is “de minimis”? How to address off-the-clock work in light of modern technologies

McAfee & Taft on

Smartphones have changed the employment landscape. Non-exempt employees can communicate via text or email any time of day or night, and may be expected to. My habit in the evenings is to check my work email, even if only to...more

Payne & Fears

9 FAQs About De Minimis Doctrine After Troester v. Starbucks

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In Troester v. Starbucks Corporation, the California Supreme Court recently held that the federal de minimis doctrine does not apply to claims for unpaid wages under the California Labor Code. As a follow-up to our recent...more

Fisher Phillips

Of Trifles And Truffle Mochas: How A Recent Case Against Starbucks May Impact Retailers

Fisher Phillips on

This past summer, in a high-profile case brought against Starbucks, the California Supreme Court resolved an open question concerning compensable time. Or, at least it did to some extent. The court held that California...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

Mintz - Employment, Labor & Benefits...

Reducing Exposure to and Defeating Off-the-Clock OT Claims: A Ten-Step Plan

Mintz - Employment, Labor & Benefits... on

Off-the-clock work occurs any time someone performs work while not on their regular shift no matter where the work is performed. Generally, this work is compensable if the employer knows or should have known that the...more

Orrick - Employment Law and Litigation

Bark and Bite: Best Practices for Your Company’s Off-the-Clock Policy

Orrick - Employment Law and Litigation on

Most employers maintain a written timekeeping policy stating that non-exempt employees should accurately record their time worked. Yet many employers are still facing class action lawsuits alleging off-the-clock claims. Below...more

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