News & Analysis as of

Non-Exempt Employees Off-The-Clock Wage and Hour

McGlinchey Stafford

When Does After-Hours Work Turn into Compensable Work?

McGlinchey Stafford on

Your assistant sends you an email late in the evening (way after the 5:00 hour) and reminds you that you have an appointment in the morning. You respond: “Thanks for the reminder. Could you please make sure that I have...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: NEW BONUS SESSION: Expert Testimony in Wage and Hour Litigation - March 2nd,...

DCI Consulting on

Federal and state wage and hour litigation has been an area of concentration for Industrial/Organizational Psychologists for decades. These cases address alleged discrimination in wage-based employment practices such as...more

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: The Fair Labor Standards Act (minimum wage)

NOTE FROM ROBIN: In March, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, the second installment covered religious...more

Jaburg Wilk

The Dangers of OTC Work

Jaburg Wilk on

Two years ago, these words were seldom used in the business context – remote workers, hybrid schedule, and essential workers. Now they are the norm. During the pandemic, many employers have embraced telework opportunities for...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

Trial Court Should Have Scrutinized Declarations Submitted By Employer In Wage Hour Case

Barriga v. 99 Cents Only Stores LLC, 2020 WL 3481717 (Cal. Ct. App. 2020) - Sofia Wilton Barriga filed this lawsuit against her employer, 99 Cents Only, alleging that the “zero-tolerance” policy requiring its stores to...more

BakerHostetler

Illinois Appellate Court Reverses Certification in Off-the-Clock Case

BakerHostetler on

With many of the most common sources of overtime claims being exhausted (e.g., assistant manager cases), plaintiffs are bringing off-the-clock cases in increasing numbers. While employers should certainly pay nonexempt...more

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

Documentation of Potential Off-the-Clock Work Violations via Electronic Devices: Are You Prepared?

Have you considered the wage and hour challenges facing employers in the new electronic communication age? If you have, you may have only considered half of the challenge....more

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

Wage and Hour Series: Examples of Off-The-Clock Work Violations Involving Use of Technology

In this, the second post in our series on hot topics in the wage-and-hour arena, we focus on some of the off-the-clock pitfalls that face employers. Off-the-clock issues are particularly challenging given the new way that...more

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

Applying Wage and Hour Laws to the 21st Century Workforce

Technological advancements and flexible workplace arrangements have drastically increased the potential exposure to employers for off-the-clock work performed by non-exempt employees. With the number of lawsuits involving...more

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