News & Analysis as of

Rest and Meal Break Wage and Hour

DLSE Reverses Its Position On California Rest Breaks

by Jackson Lewis P.C. on

In November 2017, the California Labor Commissioner’s office, Division of Labor Standards Enforcement (“DLSE”), published updated guidance on employer provided paid 10-minute rest breaks. Specifically, the DLSE maintains...more

November 2017: The Top 14 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. November was no...more

Court of Appeals Denies Motion for Leave to Appeal in a Live-In Case

by Hodgson Russ LLP on

On November 21, 2017, the New York Court of Appeals denied an application filed by Human Care LLC seeking leave to appeal the First Department’s April 11, 2017 decision that held that “live-in” aides must be paid for all 24...more

UK: Uber Loses Appeal Over Characterization Of Drivers As "Workers"

by Fisher Phillips on

Uber drivers in the UK are “workers” entitled to earn at least the national minimum wage and enjoy other statutory benefits and protections an Employment Appeals Tribunal (“EAT”) held on November 9, upholding the decision of...more

California Commissioned Salespersons May Be Entitled to Separate Compensation for Wide Range of Activities in Addition to Rest...

Commissioned salespersons are employed in a variety of industries. While “outside salespeople” are generally exempt from minimum wage and meal and rest break requirements, so-called “inside” salespeople working at a retail...more

[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

Bad Break: Oregon Employer Pays Quarter-Million Dollar Wage & Hour Fine

by Fisher Phillips on

The Oregon state agency charged with enforcing the state’s wage and hour laws has announced the largest civil penalty against an employer in its long history – nearly $277,000. According to the Oregon Bureau of Labor and...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

Paying Employees During Short Rest Breaks

by Pepper Hamilton LLP on

Q: Do I need to pay non-exempt employees when they go on short rest breaks of 20 minutes or less? A: Yes. The United States Department of Labor (“DOL”) has long taken the position that when employers offer non-exempt...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

COFFEE BREAK: Third Circuit Reminds Employers That Short Breaks May Be Compensable Under FLSA

Most employers in California are all-too familiar with the Golden State’s unique meal and rest break requirements. But outside of states like California, Oregon, and Washington, which have clear requirements for meal and...more

Recent Third Circuit Decision Adopts Bright-Line Rule That Employees Must Be Paid For All Breaks 20 Minutes or Less

The Court of Appeals for the Third Circuit recently ruled that, under the Fair Labor Standards Act (FLSA), employers must pay employees for all breaks that are 20 minutes or less. Secretary United States Department of Labor...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

Do Employers Need to Pay for Short Rest Breaks?

As longtime readers of this blog know, there are some common myths regarding wage and hour issues. One of the most prevalent of these concerns rest breaks. Although many people think that workers are entitled by law to...more

Step Right Up: Tentative Ruling Shows Amusement Park Beats Back Bulk Of Class Bid

by Jackson Lewis P.C. on

In a mixed ruling, a California state court judge in Villegas v. Six Flags Entertainment Corp., Case No. BC505344, issued a decision last week denying certification of eight subclasses of amusement park workers, but...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

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