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Rest and Meal Break The United States Department of Labor

[Webinar] Frequently Asked Employment-Related Questions and Answers Employers Need to Know - December 8th, 10:00am MT

by Payne & Fears on

Every year our clients approach us seeking legal counsel and guidance on a wide range of employment-related issues. Some of these issues are unique to a particular industry; others are common to employers in general. As this...more

New York 13 Hour Rule

The New York State Department of Labor (DOL) adopted an emergency temporary regulation on October 6, 2017 to address home care aides who work shifts of 24 hours or more. This action comes amidst much anxiety in the industry...more

3rd Circuit Rules Employers Must Pay for Short Breaks

A recent case in the Third Circuit Court of Appeals serves as an important reminder that employers must pay workers for short breaks. The opinion by Judge McKee in Secretary United States Department of Labor v. American...more

No Pay to Sleep or Eat on the Job: New York State Department of Labor Issues an Emergency Regulation for Home Care Workers

by Farrell Fritz, P.C. on

The New York State Department of Labor (the “DOL”) issued an emergency regulation clarifying its minimum-wage rules regarding home care employees. The emergency regulation provides that sleep and meal times for home care...more

Third Circuit Rest Break Case Has Different Slant

by Fox Rothschild LLP on

It is well-established that short rest breaks, so-called coffee breaks, are compensable under the Fair Labor Standards Act. In a variation on this age-old theme, in a unique set of circumstances, the Third Circuit has...more

Short Rest Breaks are Compensable Under the FLSA

This month, the U.S. Court of Appeals for the Third Circuit held that the Fair Labor Standards Act (“FLSA”) requires employers to compensate employees for all rest breaks of twenty minutes or less....more

NYDOL Issues Explanatory Statement on Recent Wage Order Amendment Codifying its Longstanding Interpretation of the "13-Hour Rule"

by Littler on

As we reported earlier this month, the New York State Department of Labor (“NYDOL”) issued an amendment, effective October 6, to its Minimum Wage Order for Miscellaneous Industries and Occupations to clarify that bona fide...more

Is Your Company’s “Flexible Scheduling” Policy A Violation of Wage And Hour Law?

by SmithAmundsen LLC on

An employer who allows its employees the “flexibility” to self-schedule time off the clock must make sure that it is paying its employees for all time worked. And beware, under the Fair Labor Standards Act (FLSA), “hours...more

Pump the Breaks: Employers Cannot Bypass Obligation To Compensate Employees For Short Rest Periods

by Jackson Lewis P.C. on

Refusing to compensate employees for short breaks is prohibited by the FLSA, the Third Circuit has confirmed. Thus, an employer’s “flexible time” policy, under which employees were not paid if they logged off of their...more

Significant “Bright-Line” Interpretation of Compensable Time Under the FLSA

Employers are often faced with the difficult dilemma of whether, and how much, it has to pay its employees who take rest breaks under the federal Fair Labor Standards Act (“FLSA”) and corresponding state laws. On Friday,...more

Third Circuit Affirms Bright-Line FLSA Rule on Short Breaks, and Rejects Employer’s ‘Good-Faith’ Absent Disclosure of Legal Advice

by Reed Smith on

On October 13, 2017, the Court of Appeals for the Third Circuit held that short breaks during the work day of 20 minutes or fewer are compensable as a “bright-line rule” under the Fair Labor Standards Act (“FLSA”). The case,...more

Ninety Seconds Is Not Enough: Third Circuit Rules That Break Policy Violates the FLSA

In Secretary United States Department of Labor v. American Future Systems, Inc., No. 16-2685 (October 13, 2017), the Third Circuit Court of Appeals considered whether an employer’s failure to compensate employees for periods...more

Employees Entitled To Pay During Short Breaks Per Precedential Third Circuit Decision

In a recent and precedential decision by the Third Circuit, employers are obligated to pay their employees for breaks of 20 minutes or less under the Fair Labor Standards Act. In an opinion penned by Third Circuit Judge,...more

NY DOL to Soon Issue Explanatory Statement on Recent Wage Order Amendment

by Littler on

As we recently reported, on October 6, 2017, the New York State Department of Labor (“NYDOL”) issued an amendment to its Minimum Wage Order for Miscellaneous Industries and Occupations regulation to clarify that bona fide...more

Still Sleeping on the Job? NY DOL Says Home Healthcare Employees Not Entitled to 24 Hours Pay for Overnight Shifts

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Effective October 6, 2017, the New York Department of Labor issued an emergency regulation amending the Miscellaneous Minimum Wage Order, which is designed to undermine two recent Appellate Division rulings...more

NY DOL Issues Amendment to the Regulation Governing the Payment of Wages to Home Care Aides Who Work a Shift of 24 Hours or More

by Littler on

On October 6, 2017, the New York State Department of Labor (“NYDOL”) issued an amendment to its Minimum Wage Order for Miscellaneous Industries and Occupations (“Wage Order”) in response to recent court decisions finding that...more

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

by Cozen O'Connor on

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

Sleeping On the Job… Again? Second New York Appellate Court Finds Home Healthcare Employees Entitled to Pay for all 24 Hours on an...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court of the State of New York, Appellate Division, Second Judicial Department (“Second Department”) joined the First Department in finding that home healthcare employees who work 24-hour...more

Another New York State Appellate Court Finds 24-Hour Non-Residential Home Care Attendants Must be Paid for Sleep and Meal Periods

by Littler on

A pair of New York state appellate decisions has serious implications for employers that offer 24-hour home care for clients by ruling that sleep and meal periods must be included in the hourly wages of home care attendants....more

I-14: Update on EEO-1 and I-9 Forms, Employer Obligations After a Hurricane or Other Natural Disaster, and Attorney Jason Barsanti...

by Cozen O'Connor on

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, provides an update on required EEO-1 and I-9 Forms, and addresses Employer Obligations to Employees After a Hurricane or Other Natural Disaster....more

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

Five Wage and Hour Questions: What’s “In Store” For 2017?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With the new administration and new year well underway, retail employers may be wondering what’s next for likely litigation and legislation impacting their business. Below are thoughts about five questions...more

MA Superior Court Adopts “Relief from Duties” Test to Determine If Meal Breaks Are Compensable

by Foley Hoag LLP on

In a recent decision, a Massachusetts Superior Court judge clarified the standard for determining whether employers must pay employees for time spent on meal breaks under Massachusetts law. In Devito v. Longwood Security...more

Fenwick Employment Brief

by Fenwick & West LLP on

California Legislative Update - In the latter half of 2016, California Governor Jerry Brown signed numerous bills into law. Below is a summary of those laws that will affect California employers in 2017 and...more

Paid Breaks Cannot Offset Overtime Obligations

Neither the federal Fair Labor Standards Act nor wage payment laws in place in most states require that employers provide non-exempt employees with paid meal and other breaks. However, employers commonly offer employees paid...more

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