News & Analysis as of

Off-The-Clock

Seyfarth Shaw LLP

Tips on Avoiding Wage and Hour Lawsuits in Massachusetts: Tip #3: Conduct an Off-the-Clock Work Audit

by Seyfarth Shaw LLP on

Even fair-minded employers, with sound policies, face “off-the-clock” claims. That is, employers have to defend against lawsuits in which employees argue that they worked hours for which their employers failed to pay them. ...more

Weiner Brodsky Kider PC

5th Circuit Holds Notice of Collective Action to Employees with Arbitration Agreements Was Improper, but Denies Mandamus

by Weiner Brodsky Kider PC on

The Fifth Circuit Court of Appeals recently held that a district court erred when it approved sending notice of an FLSA collective action to employees who had agreed to arbitrate employment claims: “district courts may not...more

Reminger Co., LPA

Five Common Overtime Mistakes Employers Need to Avoid

by Reminger Co., LPA on

Employers of all sizes must remain cognizant of the wage requirements of the Fair Labor Standards Act (“FLSA”).  Even small missteps can wreak havoc on a business, and because wage violations are often not insurable,there is...more

Cozen O'Connor

Top 10 HR Headaches for 2019

by Cozen O'Connor on

A new year always brings new headaches for HR professionals. So far, 2019 has been off to a running start with a government shutdown, the early start of the next presidential campaign and talks of major immigration reform....more

Littler

Third Circuit Reverses Class Certification of Unpaid Overtime Claims in Off-The-Clock Lawsuit

by Littler on

In Reinig v. RBS Citizens, N.A., a three-judge panel of the U.S. Court of Appeals for the Third Circuit overturned a district court’s decision certifying a class of mortgage loan officers (“MLOs”) who claimed they were...more

BakerHostetler

California Off-the-Clock Case Involving Independent Contractors Crumbles

by BakerHostetler on

Extensive expert report still fails to establish fairness and manageability for trial. A growing number of courts are questioning classwide proof in off-the-clock cases, and those examining expert testimony in such matters...more

BakerHostetler

Third Circuit Reverses Rule 23 Certification in ‘Off the Clock’ Case

by BakerHostetler on

Ruling also touches upon FLSA conditional certification order - Many wage and hour cases filed today try to name popular targets and to rely upon tried and true allegations....more

Hirschfeld Kraemer LLP

Top 10 Employment Law Developments of 2018: #3 - Minutes Count: The FLSA's De Minimis Doctrine Does Not Apply in CA

by Hirschfeld Kraemer LLP on

California employers have long relied on federal doctrines such as the de minimis rule, which excuses employers from compensating employees for very small amounts of time worked off the clock, when creating their own...more

Fox Rothschild LLP

Off-The-Clock Collective Action Case Settles: The Continuing Danger For Employers

by Fox Rothschild LLP on

I have defended many off-the-clock working time cases and I submit that they are very dangerous for employers. This is because they are particularly amenable to class certification because it is likely that there is a common...more

Butler Snow LLP

Working Off the Clock is Off-Limits

by Butler Snow LLP on

I was reading recently about a lawsuit in which four plaintiffs’ law firms tried for years to pursue a class action lawsuit against a Chipotle operation up in Minnesota. The claim was that a shift supervisor at one of the...more

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

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

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

by 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

by Payne & Fears on

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

Best Best & Krieger LLP

Best In Law: No Off-The-Clock Work - BB&K Partner Joseph Ortiz Writes About The Starbucks Wage-And-Hour Class Action Decision In...

by Best Best & Krieger LLP on

California’s wage-and-hour laws are the most protective in the country. These protections, however, often lead to bankrupting, class-action lawsuits. Originally posted in The Press-Enterprise and other Southern California...more

Fisher Phillips

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

by 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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2018

This edition of the Employment Flash looks at the new Department of Labor directive regarding contractor compensation practices; recent NLRB developments, including a draft rule regarding joint employment; the rise of...more

Fisher Phillips

3 Critical Wage And Hour Questions For Every Hospitality Employer

by Fisher Phillips on

The hospitality industry is an increasingly popular target for enforcement actions by government agencies, not to mention lawsuits by plaintiffs’ attorneys. To help avoid three common wage and hour issues that come up too...more

Stoel Rives - World of Employment

California Labor Commissioner Issues $1.9 Million Citation to Contractor for Wage Theft

Continuing its aggressive enforcement of California wage and hour laws, the Labor Commission issued wage theft citations of $1.9 million to Fullerton Pacific Interiors, Inc. for failing to pay minimum wage and overtime and...more

Bryan Cave Leighton Paisner

Retailers Face Flood of Class Actions Related to “Off the Clock” Work

by Bryan Cave Leighton Paisner on

“Off the clock” work may prove costly, as retailers face a flood of putative class actions based on claims that employees were not compensated for required work duties. Recently, the parties in Samantha Jones v....more

Morgan Lewis

California Supreme Court Holds That Employees Must Be Paid for Routinely Worked Minutes Off the Clock

by Morgan Lewis on

In Troester v. Starbucks Corp., the California Supreme Court held that the Fair Labor Standards Act’s de minimis doctrine does not apply to wage claims under California law. However, the court left open the question of...more

Hinshaw & Culbertson LLP

California Court Okays Hour Rounding Policy

by Hinshaw & Culbertson LLP on

In AHMC Healthcare, Inc. v. Letona, decided earlier this week, a California state of appeals court considered an employer's use of a time clock rounding system and whether it violated California ...more

Fox Rothschild LLP

Homework Can Be Compensable Work Hours—Can You Believe It?

by Fox Rothschild LLP on

I have often blogged (and am concerned about) working time issues, especially when they comprise the basis for a class action. These are “soft,” subtle activities that may rise to the level of compensable time, catching n...more

BakerHostetler

Off-the-Clock Cases Stumble

by BakerHostetler on

In virtually every case, so-called off-the-clock disputes come down to the situations of individuals rather than classwide conduct. An employee may claim that a night supervisor told them not to record time after midnight. An...more

Fisher Phillips

USDOL Self-Report PAID Program: Benefits TBD (Updated 04/03/18)

by Fisher Phillips on

Last week the U.S. Department of Labor (USDOL) announced its Payroll Audit Independent Determination (PAID) pilot program to mixed reactions. The PAID program is meant to provide a framework for employers to proactively...more

BakerHostetler

Minnesota Court Cuts Proposed Attorney Fee Award From $3.2 Million to $600,000 in Off-the-Clock Case

by BakerHostetler on

In 2014, five law firms brought a claim for alleged off-the-clock work. As discovery revealed, the claims all arose out of conduct involving a single shift supervisor at a single restaurant, and the conduct was disputed at...more

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Sausalito, California 94965

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Updates to This Policy

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