News & Analysis as of

Fair Labor Standards Act (FLSA) Donning

Jackson Lewis P.C.

2024 FLSA Checklist for Employers in the Manufacturing Industry

Jackson Lewis P.C. on

Wage and hour issues continue to challenge most employers, especially those in the manufacturing industry. The manufacturing industry tends to be more process- and systems-oriented and generally employ many hourly workers who...more

Seyfarth Shaw LLP

Calling Your Wage and Hour Lawyer Might Save Your Company $22 Million

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers frequently struggle with questions around the compensability of certain activities, classification of employees, and how to structure their policies to avoid Fair Labor Standards Act violations. ...more

Sherman & Howard L.L.C.

Second Circuit Provides Important Reminder to Employers Regarding Overtime Risks

Employers who rely on their workers to identify and report overtime as a prerequisite for payment may be setting themselves up for significant liability. As the U.S. Court of Appeals for the Second Circuit recently reminded...more

Epstein Becker & Green

Third Circuit Reverses and Remands Donning and Doffing Dispute for Trial, Providing New Framework for the “Integral and...

On August 16, 2023, a unanimous three-judge panel of the Third Circuit vacated and remanded a decision from the Middle District of Pennsylvania ruling that the time spent by oil-rig workers changing in and out of their...more

Jackson Lewis P.C.

Third Circuit Offers Guidance on When Donning and Doffing Safety Gear Is Compensable

Jackson Lewis P.C. on

A federal district court applied the wrong legal test when it held on summary judgment that oil rig workers were not entitled to compensation under the Fair Labor Standards Act (FLSA) for the time they spent changing into and...more

Cozen O'Connor

Third Circuit Court Opines on Donning and Doffing Under FLSA

Cozen O'Connor on

In Tyger v. Precision Drilling Corp., the Third Circuit Court of Appeals clarified the circumstances under which donning and doffing activities by employees may be compensable under the Fair Labor Standards Act (FLSA). ...more

Sherman & Howard L.L.C.

22 Million ($) Reasons to Get it Right: Battery Manufacturer Hit with Historic Bill for Unpaid Overtime

A Pennsylvania battery manufacturer has the dubious distinction of being ordered to pay the largest jury verdict ever awarded to the Department of Labor under the Fair Labor Standards Act - a cool $22 million for failing to...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on…Compensability (or Not) of COVID Screening

Epstein Becker & Green on

Employers grappling with the many questions related to bringing employees back into the workplace safely in the midst of the COVID-19 pandemic should pay close attention to the potential wage-and-hour risks attendant to doing...more

Fox Rothschild LLP

Lawyers Want To Withdraw From FLSA Class Action Against Cannabis Company Because Their Clients Are Incommunicado—What A Shame!

Fox Rothschild LLP on

This is an interesting and rather unique situation. Two lawyers who represent a putative class of workers who filed a class action under the Fair Labor Standards Act now want to withdraw from the case. They assert that they...more

Faegre Drinker Biddle & Reath LLP

Donning, Doffing and PPE: The Compensability of Pre-Shift and Post-Shift Activities

The Fair Labor Standards Act (FLSA) and state wage and hour laws require businesses to record and pay their nonexempt employees for all “compensable time,” including certain activities that occur before an employee begins his...more

Seyfarth Shaw LLP

The Eleventh Circuit Affirmed It Was Not A “Crime” To Not Compensate For Dressing and Drive Time

Seyfarth Shaw LLP on

The Eleventh Circuit recently affirmed the district court’s grant of summary judgment to two Florida counties in an action brought against former sheriff deputies under the Fair Labor Standards Act (FLSA) and Florida Minimum...more

Seyfarth Shaw LLP

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

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

Maynard Nexsen

Employer’s Guide to Preliminary and/or De Minimis Activities Under the FLSA: Booting Up Before Clocking In

Maynard Nexsen on

Security apps, passwords, and slow computers can delay the start of the workday for many of us by one to six minutes. For non-exempt employees, this can become an issue. Office employees who clock in using their work...more

Seyfarth Shaw LLP

The U.S. Supreme Court And Workplace Class Actions

Seyfarth Shaw LLP on

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

Orrick - Employment Law and Litigation

Post-Tyson Foods: No, The Sky Is Not Falling

This past March, we blogged about the U.S. Supreme Court’s decision in Bouaphakeo v. Tyson Foods, Inc., 136 S. Ct. 1036 (2016), a case in which the plaintiffs alleged that Tyson Foods improperly denied compensation for time...more

McNees Wallace & Nurick LLC

Third Circuit Confirms Paid Meal Breaks Cannot Offset FLSA Overtime Liability

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

Franczek P.C.

A Review of the Supreme Court’s 2015 - 2016 Term

Franczek P.C. on

Last week, the Supreme Court ended its 2015-2016 session under a cloud of uncertainty. On February 22, 2016, Justice Antonin Scalia, the stalwart of the Court’s conservative wing for 30 years, passed away. Justice Scalia’s...more

Arnall Golden Gregory LLP

Recent Supreme Court Decision Will Likely Impact Damages in Large, Complex Actions

On March 22, 2016, the Supreme Court handed down its opinion in Tyson Foods v. Bouaphakeo, 136 S. Ct. 1036 (2016), addressing the question of when statistical sampling evidence may be used to establish class-wide liability. ...more

Proskauer - California Employment Law

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

Sheppard Mullin Richter & Hampton LLP

Statistical Modeling in Class Actions: The U.S. Supreme Court Weighs in, Kind of

A U.S. Supreme Court decision expected to potentially change (or at least clarify) the rules on the hot-button issue of statistical modeling in class actions ended up turning much more on case law specific to the Fair Labor...more

McAfee & Taft

Some pre- and post-shift activity not compensable

McAfee & Taft on

In recent years, a number of collective action wage and hour disputes involving the donning and doffing of protective work clothing have made their way through the courts. And in many of those cases, the employers have been...more

Akerman LLP - HR Defense

Representative Evidence May Or May Not Be Sufficient

A recent U.S. Supreme Court case holding that representative evidence can be used in class/collective actions to the same extent that it could be used in an individual action may not have the broad application hoped for by...more

Goodwin

Supreme Court Stops Short of Bright-Line Rule Regarding Statistical Evidence in Class Actions

Goodwin on

On March 22, the Supreme Court issued its decision in Tyson Foods, Inc. v. Bouaphakeo. For those unfamiliar with the case, Tyson Foods is a Fair Labor Standards Act (FLSA) case that involved an alleged failure to pay...more

Moore & Van Allen PLLC

SCOTUS OKs Statistics to Establish Class Action Liability with Limits, Leaves Open Uninjured Class Member Question

Moore & Van Allen PLLC on

Plaintiffs can count the first class action decision to be issued by the U.S. Supreme Court since the death of Justice Scalia as a win; although, they did not receive broad authorization to proceed carte blanche, as some had...more

McGuireWoods LLP

Defying Expectations, Supreme Court’s Tyson Decision Avoids “Broad and Categorical Rules” on Use of Statistical Evidence in Class...

McGuireWoods LLP on

Expectations were high in the class action world for the Supreme Court’s recent decision in Tyson Foods, Inc. v. Bouaphakeo. At first blush, however, Tyson seems to be neither the test case nor the blockbuster decision that...more

67 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide