News & Analysis as of

Fair Labor Standards Act (FLSA) Screening Procedures

Proskauer - Law and the Workplace

COVID Screening Time Not Compensable, Says Illinois District Court

In an opinion issued on December 7, 2023, a federal district court in the Northern District of Illinois held that time spent in COVID screening activities was not compensable under federal or Illinois law. In the...more

Shook, Hardy & Bacon L.L.P.

Recent Ninth Circuit Decision Finds Oregon Employers Not Required to Pay for Security Checks

In a recent decision, the Ninth Circuit affirmed a District of Oregon ruling for Amazon.com, Inc., stating that the plaintiff failed to allege that undergoing mandatory security screenings was “an integral and indispensable...more

Fox Rothschild LLP

The FLSA Working Time Issue Of The Times-The Compensability (Or Not) Of Pre-Shift Covid-Testing At The Workplace

Fox Rothschild LLP on

I have blogged about working time issues involving COVID testing and screening many times and there seems to be no shortage of these cases coming down the pike. On that note, I just read an interesting post in the Seyfarth...more

Seyfarth Shaw LLP

Courts Begin Ruling on Compensability of Covid-19 Screening Time

Seyfarth Shaw LLP on

Employers have had to quickly pivot in numerous ways to keep their workplaces operating since the onset of the COVID-19 pandemic. One such way the workplace changed is through the introduction of COVID-19 screening tests for...more

Proskauer - Law and the Workplace

Federal District Court Says Pre-Shift COVID Screening Time Not Compensable

In the first reported decision we’ve seen addressing the issue head on, a federal district court in California dismissed a putative collective action claim under the Fair Labor Standards Act (FLSA) seeking payment for time...more

FordHarrison

DOL Issues Guidance on Compensability of Time Spent Undergoing COVID-19 Health Screenings, Testing, and Vaccinations

FordHarrison on

Note: On January 24, 2022, the DOL removed Fact Sheet #84 from its website. For more information please see our follow-up Alert.  The U.S. Department of Labor (DOL) has issued Fact Sheet #84 addressing the compensability...more

FordHarrison

UPDATE: Withdrawal of DOL Guidance on Compensability of Time Spent Undergoing COVID-19 Health Screenings, Testing, and...

FordHarrison on

The U.S. Department of Labor (DOL) on January 24, 2022 removed, without explanation, from its website Fact Sheet #84 addressing the compensability of time spent undergoing COVID-19 health screenings, testing, and vaccinations...more

Proskauer - Law and the Workplace

Do We Have to Pay for That?  Part 1—COVID-19 Vaccination, Testing, and Screening Activities

In this blog series, we’ll look at a variety of activities and discuss whether an employer has to pay its non-exempt (i.e., overtime-eligible) employees for their time spent engaging in them.  We’ll focus on federal law, but...more

Proskauer - Law and the Workplace

Pennsylvania Employers Must Pay for Time Spent in Security Screenings

On July 21, 2021, answering a question certified by the United States Court of Appeals for the Sixth Circuit, the Pennsylvania Supreme Court held that time spent by employees waiting to undergo and undergoing mandatory...more

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

DOL’s New Outreach Initiative and Guidance on Application of the FLSA to Pandemic Scenarios, Including the Compensability of...

On April 26, 2021, the U.S. Department of Labor (DOL) posted an update on its blog regarding its new Essential Workers, Essential Protections initiative, which is designed to “ensure that workers know about the wage and hour...more

Genova Burns LLC

To Screen or Not to Screen? Amazon Must Face NJ Wage Class Action for Workers’ Post-Shift Screening

Genova Burns LLC on

On June 29, 2020, the U.S. District Court for the District of New Jersey ruled that Amazon must face a proposed class action alleging violations of New Jersey Wage and Hour Law (NJWHL), which seeks compensation for time spent...more

Moore & Van Allen PLLC

Resuming Business During the COVID-19 Pandemic: Guidance for Employers

After the flurry of layoffs, stay-at-home orders, furloughs, and considerable new government regulation, many employers are now looking at planning for the eventual resumption of “regular” business. Such planning requires...more

Epstein Becker & Green

Health Care Employers: How to Prepare for the Impact of COVID-19 on Your Workforce

Epstein Becker & Green on

On March 11, 2020, the World Health Organization declared that the 2019 novel coronavirus (known as “COVID-19”) is now a pandemic. The effects continue to be felt in the United States, which currently has well over 1,000...more

Morrison & Foerster LLP

Employment Law Commentary, May 2015 - Volume 27, Issue 5

In This Issue: - SECURITY SCREENINGS: WORKERS MAY HAVE TO WAIT BUT THEY DON’T HAVE TO BE PAID UNDER THE FLSA - New German law on gender quotas for executive positions in private companies enters into force -...more

Lowndes

U.S. Supreme Court Rules Post-Shift Security Screenings are Not Compensable

Lowndes on

In a highly-anticipated employment law case, the U.S. Supreme Court ruled this week that time spent by employees who undergo employer-required post-shift security screenings is not compensable under the Fair Labor Standards...more

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

Seven Key Supreme Court Cases for Retailers to Watch

The Supreme Court of the United States is ending its summer recess and will start hearing oral arguments next week. There are seven key cases on the Court’s docket for the current term that could affect retailers. Here is a...more

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