News & Analysis as of

Fair Labor Standards Act (FLSA) On-Call Employees

Parker Poe Adams & Bernstein LLP

On-Call Time Not Compensable if Employee Not Restricted

In the days before cellphones, employees required to remain on-call for work were generally entitled to compensation for time spent at home waiting for the landline to ring. Given the ubiquity of mobile communication...more

Weintraub Tobin

Where Agreements Won’t Work – A Word to the Wise Regarding Strict Wage and Hour Liability and Related Claims

Weintraub Tobin on

I. SYNOPSIS- Ed was a vibrant and healthy 85-year-old. One day, he decided to sign an advance healthcare directive providing that if his physical condition ever declined, he wished to remain in his home as long as...more

Fisher Phillips

7 Biggest Wage and Hour Landmines for Healthcare Employers – and Your Blueprint for Avoiding Them

Fisher Phillips on

For years now, healthcare employers have been particularly attractive targets when it comes to wage and hour compliance actions. Not only is the industry one of the largest in the country, there are some issues unique to...more

Fox Rothschild LLP

Colorado Issues New Rules Governing Employee Compensation for 2022

Fox Rothschild LLP on

The Colorado Department of Labor and Employment (CDLE) has adopted new rules, effective Jan. 1, 2022, pertaining to overtime and minimum pay, adjusted labor compensation and wage protection. These changes, adopted Nov....more

Parker Poe Adams & Bernstein LLP

When Must Employers Pay Employees Who Are On Call?

We have had a number of recent questions from clients regarding when employees must be paid if they are on standby or on-call duty. Typically, this means that the employee must leave a number where they can be reached and, if...more

Epstein Becker & Green

Work from Home Policies During COVID-19: Limiting Non-Exempt Employee Compensation for Waiting Time and On-Call Time

Epstein Becker & Green on

Given the number of states that have already ordered the closure of non-essential businesses due to the COVID-19 pandemic, employers fortunate to remain operational are likely dealing with the myriad challenges of a remote...more

Cozen O'Connor

HR Guide For Hurricane And Disaster Preparation - Preparing For The Worst: 2019

Cozen O'Connor on

It’s hurricane season, and companies all along the Gulf should have a plan in place not only to address business continuity issues, but also the human resources and staffing questions that arise in the event of a natural...more

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

Offshore Oil Rig Workers’ Overtime Claims Governed by FLSA, Not California Law

On June 10, 2019, the Supreme Court of the United States unanimously ruled that state wage and hour laws do not apply to offshore drilling workers where federal law addresses the relevant issue. In Parker Drilling Management...more

Baker Donelson

Return To The Tidelands – Supreme Court Upholds Application Of Federal Law On The Outer Continental Shelf In The Face Of Parallel...

Baker Donelson on

In a rare decision applying the Outer Continental Shelf Lands Act (43 U.S.C. §1331 et seq.(“OCSLA”), the United States Supreme Court has clarified, re-affirmed and perhaps (given the breadth of its opinion) expanded the...more

Holland & Knight LLP

U.S. Supreme Court Reaffirms Primacy of Federal Law on Outer Continental Shelf

Holland & Knight LLP on

U.S. Supreme Court reaffirms primacy of federal law on Outer Continental Shelf holding state law may not be adopted where federal law already addresses the issue. In Parker Drilling Management Services Ltd. v. Newton, 587...more

Jackson Lewis P.C.

Supreme Court: State Wage-and-Hour Laws Inapplicable to Drilling Platform Workers

Jackson Lewis P.C. on

Workers on oil drilling platforms off the coast of California are covered by the Fair Labor Standards Act (FLSA), not California’s overtime and wage laws, the U.S. Supreme Court has held unanimously. Parker Drilling...more

Littler

Offshore Drilling Companies Can Rest Easy: Supreme Court Holds California Wage and Hour Law Inapplicable to Certain Rig Workers

Littler on

On June 10, 2019, the United States Supreme Court unanimously ruled that state wage and hour laws do not apply to certain drilling rig employees working off the California coast.  The rig workers argued that California law...more

Fisher Phillips

Supreme Court Refuses To Extend State Wage-Hour Law To Offshore Drilling

Fisher Phillips on

By a unanimous 9-0 decision, the U.S. Supreme Court yesterday declined to extend California’s wage-and-hour laws to employees working on offshore drilling platforms subject to the Outer Continental Shelf Lands Act (Parker...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Parker Drilling Management Services, Ltd. v. Newton

On June 10, 2019, the Supreme Court of the United States decided Parker Drilling Management Services, Ltd. v. Newton, No. 18-389, holding that state law does not apply to the Outer Continental Shelf when federal law addresses...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2019

This edition of Employment Flash looks at developments in labor and employment law, including with respect to minimum salary thresholds for the DOL's new overtime rule, the EEOC's collection of compensation data for increased...more

Proskauer - California Employment Law

California Employment Law Notes - March 2019

Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right - Symmonds v. Mahoney, 31 Cal. App. 5th 1096 (2019) - After 41 years, singer/songwriter Edward Joseph Mahoney (aka "Eddie Money") terminated the...more

FordHarrison

What Issues May Employers Be Required to Address as Hurricane Florence Threatens?

FordHarrison on

As the East Coast of the U.S. braces for Hurricane Florence, the approaching storm serves as a reminder that employers should be prepared to address storm-related issues if they are required to close their businesses and as...more

FordHarrison

Trying to Find a ‘Safe Haven’ in the Storm: 9 Tips for Employers

FordHarrison on

What do the following popular movies and television shows have in common? Hint: All have a connection to #HurricaneFlorence—the number-one trending topic on Twitter today—which is supposed to make landfall along the East...more

Best Best & Krieger LLP

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

Dickinson Wright

Keep Rollin’ Rollin’ Rollin’: DOL Reissues 17 Opinion Letters That Had Been Withdrawn Under the Obama Administration

Dickinson Wright on

In late June 2017, the United States Department of Labor (DOL) announced it would be reinstating Opinion Letters issued by its Wage and Hour Division, which was a practice that had ceased back in 2010. This announcement is...more

Fisher Phillips

Uber Forced To Carry On Its Defense Of 'On Call' Claims

Fisher Phillips on

In a case previously discussed by my colleague Linda Gulledge, a federal judge in eastern Pennsylvania has rebuffed Uber once again in its attempt to rid itself of potentially expensive wage claims. In December 2016, as Linda...more

Obermayer Rebmann Maxwell & Hippel LLP

Employee Classification and the Gig Economy - Court Leaves the Door Open for “On-Call” Time for Uber Drivers

On September 13, 2017, U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania denied Uber’s Partial Motion for Summary Judgment in a putative class action brought by UberBLACK drivers in Philadelphia...more

FordHarrison

What Issues May Employers Be Required to Address as Hurricane Irma Threatens?

FordHarrison on

As Florida and the East Coast of the U.S. brace for Hurricane Irma, the approaching storm serves as a reminder that employers should be prepared to address storm-related issues if they are required to close their businesses...more

Jackson Walker

Employer Considerations in the Wake of Devastation

Jackson Walker on

As businesses resume operations and start the recovery from Hurricane Harvey, they are likely to face a variety of employment related challenges. These are a few of the issues that employers should be prepared to address....more

FordHarrison

Employers Should Be Prepared to Deal with the Aftermath of Hurricane Harvey

FordHarrison on

In the wake of the devastation caused by Hurricane Harvey, many employers are faced with questions as they prepare to resume normal operations. Some of the most common questions, such as those arising under the Fair Labor...more

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