News & Analysis as of

Timekeeping

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

Illinois High Court Rules on Pre- and Post-Shift Wage and Hour Exclusion

A recent ruling by the Supreme Court of Illinois that the state’s minimum wage law does not incorporate the federal Portal-to-Portal Act’s (PPA) exclusion for “preliminary or postliminary” employee activities could open the...more

Bricker Graydon Wyatt LLP

Be Mindful of Tipping Rules Under the Fair Labor Standards Act

Two class actions were filed in 2024 against Jeff Ruby Culinary (“JRC”) for violations of the Fair Labor Standards Act (‘FLSA”). The classes were made up of over 700 former employees and the claims asserted that JRC had...more

Hogan Lovells

Working time compliance across borders: Practical insights for employers

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Working hours and overtime regulations vary significantly across jurisdictions, impacting both employers and employees. In Germany, Italy, Mexico, Spain, the Netherlands, and the United States, statutory limits define maximum...more

Vedder

Illinois Supreme Court Holds That Preliminary and Postliminary Activities Must Be Paid

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On March 19, 2026, the Illinois Supreme Court issued a highly anticipated decision in Lisa Johnson v. Amazon.com Services, LLC, clarifying that nonexempt employees must be compensated for time spent completing pre-shift...more

Stokes Wagner

Illinois Supreme Court Declares That Pre- and Post-Work Activities Are Compensable

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The Illinois Supreme Court has ruled that, unlike federal law, the Illinois Minimum Wage Law (“IMWL”) does not contain an exception for “preliminary and postliminary” activities—i.e., activities performed before and after...more

Jones Day

Illinois Supreme Court Ruling on Preliminary and Postliminary Work Brings Potential Liability for Employers

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A recent Illinois Supreme Court decision upends years of federal case law holding that certain preliminary and postliminary activities are not compensable under the Illinois Minimum Wage Law, leading to potential unexpected...more

Foley & Lardner LLP

Watch Out Illinois Employers — The Illinois Wage Law Does NOT Exclude Preliminary or Postliminary Activities from Compensable Work

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Things just got much more expensive for Illinois employers! On Thursday, March 19, 2026, the Illinois Supreme Court ruled that the Illinois Minimum Wage Law does not incorporate the federal Portal-to-Portal Act’s preliminary...more

Phelps Dunbar

Fifth Circuit Confirms Employers Aren’t Liable for Overtime They Don’t Know About

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The Fifth Circuit recently reaffirmed an important limitation on overtime liability under the Fair Labor Standards Act (FLSA): an employer is not liable for unpaid overtime unless it knew or should have known that the...more

Seyfarth Shaw LLP

No Employer Knowledge, No Overtime: Fifth Circuit Affirms Defense Verdict Where Employee Must Prove Employer Knew of Overtime.

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In a misclassification-to-trial case, the Fifth Circuit affirmed a defense verdict because the plaintiff failed to prove the employer had actual or constructive knowledge of alleged overtime, rejected the theory that “no...more

Weintraub Tobin

Calculating and Tracking FMLA Leave Including Travel to Medical Appointments

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Calculating and Tracking FMLA Leave Including Travel to Medical Appointments??New guidance from the U.S. Department of Labor is changing how employers should track FMLA leave tied to medical appointments. In this episode of...more

Hinckley Allen

Post-Shift Activities Now Require Compensation in Connecticut

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On February 10, 2026, the Connecticut Supreme Court officially released its decision in Del Rio v. Amazon.com Services Inc. (SC 21109), holding that under Connecticut law, employers must compensate employees for time spent...more

Robinson & Cole LLP

Legal Update: Minutes Matter: Connecticut Supreme Court Requires Pay for Post-Shift Security Screenings and Rejects De Minimis...

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On February 10, 2026, the Connecticut Supreme Court ruled in Del Rio v. Amazon.com Services, Inc., 354 Conn. 151 (2026), that, under Connecticut’s wage and hour laws, Amazon’s warehouse employees must be compensated for time...more

Bradley Arant Boult Cummings LLP

New Year, New Views: DOL Opinion Letters on FLSA and FMLA Provide Employers with Helpful Guidance

The U.S. Department of Labor’s (DOL) Wage and Hour Division welcomed the new year by issuing six new opinion letters on January 5, 2026 — four regarding the Fair Labor Standards Act (FLSA) and two regarding the Family and...more

Tarter Krinsky & Drogin LLP

Travel Time To and From Medical Appointments: Is It Covered by the FMLA?

On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division published an Opinion Letter (FMLA2026-2) addressing whether leave under the federal Family and Medical Leave Act (FMLA) may be used intermittently or...more

Jackson Lewis P.C.

Countdown to Compliance: Newly Defined Meal and Rest Break Requirements Effective Jan. 1 for Minnesota Employers

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The Jan. 1, 2026, effective date for new Minnesota meal and rest break requirements is quickly approaching. Starting on the first day of the year, Minnesota employers must comply with new, defined meal and rest break...more

Seyfarth Shaw LLP

Important Update: Preliminary Guidance for California’s 2025 Pay Data Reporting Presents Broader, More Complex Compliance...

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California’s Civil Rights Department (CRD) released updated FAQs and Pay Data Reporting templates for payroll and labor contractor employees in advance of the 2025 Pay Data Reporting cycle. Unless the “preliminary” materials...more

Snell & Wilmer

Nevada Updates Wage and Hour Rules

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Nevada just updated the wage-and-hour playbook, closely aligning with federal law as to what counts as paid time and how overtime is calculated. In response to the Nevada Supreme Court’s October 2025 decision in Amazon.com...more

Fisher Phillips

Manufacturer Stuck with $22M Backpay Verdict After SCOTUS Declines to Weigh In: 6 Lessons for Employers

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A manufacturer will have to pay $22M in alleged wage and hour violations now that the Supreme Court declined to consider its appeal. Last year, a federal appeals court upheld the sizable jury verdict, finding that the company...more

Steptoe & Johnson PLLC

FMLA Guidance: DOL Warns Against Shortchanging Employees’ Intermittent Leave Hours

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The Family and Medical Leave Act (FMLA) entitles eligible employees to 12 workweeks of unpaid, job-protected leave in a 12-month period for certain qualifying reasons. That premise seems simple enough, but the FMLA is riddled...more

Venable LLP

U.S. Supreme Court Sends Message to Employers: Employee Travel Between Job Sites Is Paid Work

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On October 6, 2025, the U.S. Supreme Court (SCOTUS) denied certiorari for Department of Labor v. Nursing Home Care Management Inc.—an opinion by the U.S. Court of Appeals for the Third Circuit holding that the Fair Labor...more

Ius Laboris

What is ‘Coffee Badging’ and How Should Employers Respond? 

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Employers worldwide are increasingly observing a new phenomenon at work. Employees are only briefly appearing at the office, clocking in (or ’badging’), and then disappearing again shortly afterwards. This form of symbolic...more

Amundsen Davis LLC

[Webinar] Wage & Hour Check-Up: Is Your Payroll Practice Keeping Up? - November 19th, 8:30 am CT

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Today's businesses face increased exposure to costly wage and hour litigation. Managing employee rate requirements, overtime pay, time-clock entries, as well as navigating potential government investigations into your...more

Tucker Arensberg, P.C.

Recent $515,000 Settlement Highlights the Cost of Improper Timekeeping Practices

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A settlement approved last week shows that even a large corporation can make a mistake in how it pays employees, costing it money in the long run. The plaintiffs in that case claimed that Mitsubishi Electric Automotive...more

Foster Garvey PC

Biometric Privacy in Washington Workplaces: Key Considerations for Employers

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Employers in Washington who use biometric timekeeping or security tools should take note of recent developments. While current state laws provide some exemptions for employment-related uses of biometric data, new litigation...more

Seyfarth Shaw LLP

Court Gives the Boot to Claim for Time Starting and Logging on to Computers

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A federal district has parted company with two appellate circuits in holding that computer boot-up time is non-compensable under the FLSA....more

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