News & Analysis as of

Off-The-Clock Employment Policies

Seyfarth Shaw LLP

Second Circuit Addresses Off-The-Clock Work

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In Perry et al. v. City of New York, the Second Circuit upheld a large jury verdict in favor of a collective of workers regarding off-the-clock work. In doing so, the Court reaffirmed the principle that employers will...more

Jaburg Wilk

The Dangers of OTC Work

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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

CDF Labor Law LLP

[Webinar] Combatting the Rise in Wage & Hour and PAGA Litigation in the Healthcare Industry - October 7th, 10:00 am - 11:00 am PST

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Healthcare employers are not immune to the outbreak of wage and hour and PAGA claims that are plaguing California businesses. As healthcare is one of the largest and fastest-growing industries in the country, it places a...more

CDF Labor Law LLP

[Webinar] Employment Law Compliance Strategies for Healthcare Industry: COVID, Internal Investigations, Wage & Hour & More -...

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CDF Labor Law has designed a series of complimentary webinars on employment-related topics specifically designed for our friends and colleagues in the healthcare industry. CDF’s Healthcare Education Week will run October 4-8,...more

Jaburg Wilk

Is Remote Work Increasing Off the Clock Work?

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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

Constangy, Brooks, Smith & Prophete, LLP

Teleworking: Amazing or amazingly complex?

COVID-19 forced many companies to quickly jump into the realm of teleworking or to drastically expand existing programs. What policies should employers institute and enforce to discourage off-the-clock work? Do employers need...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

Nilan Johnson Lewis PA

Managing Off-The-Clock Time During the Pandemic

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Ensuring that hourly employees accurately record their work time—and that employees are paid for all work time—can be a challenge even under the best of circumstances. But it’s crucial to avoid or defend costly class...more

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

Imperfect or Unlawful Meal and Rest Break Policies Don’t Necessarily Support Class Certification in California

In a favorable opinion for employers, the California Court of Appeal for the Second District concluded the following on December 4, 2019, in David Cacho v. Eurostar, Inc...more

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

Want to Get Sued for Millions? There’s an App for That! - The Legal Risks of Digital Workplace Apps

Over the past year, the popularity of digital workplace apps (that is, mobile applications used by companies to facilitate interactions with, and between, employees) has grown exponentially. These apps promise to...more

Butler Snow LLP

Working Off the Clock is Off-Limits

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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

Payne & Fears

9 FAQs About De Minimis Doctrine After Troester v. Starbucks

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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...

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

Web Exclusive: Should Employees Receive Compensation For Off-The-Clock Cell Phone Use?

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You might hate to admit it, but it’s true: mobile devices are the adult version of a toddler’s teddy bear. They give us comfort and a sense of belonging. We carry them everywhere and traveling without them makes us feel like...more

Fisher Phillips

"I'm Not Paying For That": Update On Using Timekeeping Policies To Defend Off-The-Clock Claims

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We have recently focused upon the growing number of federal court decisions under the federal Fair Labor Standards Act that have given legal weight to carefully-crafted, well-maintained employer policies requiring employees...more

Fisher Phillips

Hear No Unreported Time, See No Unreported Time - Examining The Role Of Employer Policies In Off-The-Clock Claims

Fisher Phillips on

Some courts have read a safeguard into federal wage and hour law that can protect employers from liability for working-off-the-clock claims, believing you should not be responsible for unpaid overtime or minimum wage if you...more

Moore & Van Allen PLLC

In Drafting Company-Issued Device And BYOD Policies, Don’t Forget The Wage And Hour Issues.

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I’ve been holding my breath waiting for the decision by the U.S. District Court for the Northern District of Chicago in the Allen v. City of Chicago overtime collective action before giving you a blog post on this case. The...more

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