News & Analysis as of

Timekeeping

Cozen O'Connor

Whistleblower Watch - Summer 2024

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Whistleblower Watch is a comprehensive source for all False Claims Act (FCA) news and information. Every quarter, Cozen O’Connor will provide in-house counsel and compliance professionals with a summary of the most notable...more

Fox Rothschild LLP

Another Healthcare System Hit With (Yet) Another Automatic Deduction FLSA Class Action

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I have blogged about these automatic deduction cases, but they nevertheless keep popping up with disturbing regularity. In another example of this phenomenon, employees have sued a Michigan healthcare employer, alleging...more

Conn Maciel Carey LLP

AI-Empowered HR: Crafting Compliance in the Digital Age

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The Department of Labor’s Wage and Hour Division (WHD) has released a Field Assistance Bulletin (FAB) guiding employers on the use of artificial intelligence (AI) in human resources activities. The FAB focuses on how the use...more

Husch Blackwell LLP

Keeping the "H" in "HR" – a Primer on the DOL's AI Guidance

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Recently, the Wage and Hour Division (WHD) of the Department of Labor issued a Field Assistance Bulletin (FAB) that provides guidance for employers on the application of artificial intelligence (AI) to the Fair Labor...more

Jackson Lewis P.C.

DOL Issues Guidance to Agency Staff on Employers’ Use of Artificial Intelligence in the Workplace

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The U.S. Department of Labor’s Wage and Hour Division (WHD) has published a Field Assistance Bulletin (FAB) on the application of federal labor standards to employers’ use of artificial intelligence (AI) and other automated...more

Meyers Nave

Wage and Hour Policies Amid Rising PAGA Filings

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At Meyers Nave, we prioritize assisting our clients in establishing and maintaining wage and hour policies that comply with legal standards. This includes implementing effective systems and processes to ensure all levels of...more

Dentons

Assessing Payroll Rounding Policies After Wage Hour Class Action Suit

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A recent concern in the healthcare sector, specifically hospitals, is a large class action wage hour claim in the state of Washington, Bennett v. Providence Health & Services. In this instance, a review of the order granting...more

Haynsworth Sinkler Boyd, P.A.

DOL Raises Salary Thresholds for Exempt Workers

Under the FLSA, employees must meet the above salary thresholds and the duties tests for executive, administrative, or professional employees for the employees to be exempt from the FLSA’s overtime pay requirements. Employees...more

Littler

Belgian Courts Are Confronted with Their Jurisdictional Limitations When Presiding over Cases Involving an Employer’s Obligation...

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In its landmark ruling on May 14, 2019, the European Court of Justice held that the European Working Time Directive (Directive 2003/88) and the Charter of Fundamental Rights of the European Union (Article 31) is opposed to...more

Saul Ewing LLP

The Genetic Information Privacy Act: Recent Surge in Class Action Lawsuits Against Illinois Employers

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Over the last decade, Illinois employers have been faced with a rash of class action lawsuits under the Biometric Information Privacy Act (BIPA), causing many employers to pay hefty sums and alter their biometric timekeeping...more

Constangy, Brooks, Smith & Prophete, LLP

“Workin’ 9 to 5.” Is that still a thing?

If you answered no, then you’d better have the records needed to prove the number of overtime hours worked by your employees and the rates paid for them. If you don’t have the records, then borrowing a rhyme from the legal...more

BakerHostetler

California Supreme Court Holds that Employees Must Be Paid for Time Driving Through and To Security Checkpoints

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California employers who require employees to pass through a security checkpoint or swipe a security badge before exiting their worksites but after clocking out could potentially face significant liability for violating...more

Fox Rothschild LLP

How To Prepare For The New Salary Threshold For The White Collar Exemptions: Be Proactive!

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The new salary threshold for exempt employees is coming soon. The current minimum level is $35,568 per year ($684 per week) and the proposal is to increase it to $55,068 per year ($1059 per week). The salary level for...more

Buchalter

Rounding Time Is No Longer a Safe Bet in Oregon and Washington

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The Fair Labor Standards Act (FLSA) mandates that employers compensate employees for each hour worked. Nonetheless, the Department of Labor guidance permits rounding of employee time punches so long as, among other things,...more

Parker Poe Adams & Bernstein LLP

Biometric Screening Can Result in ADA, Title VII Claims

An increasing number of employers are expressing interest in using biometric technology in the workplace. For example, a company concerned that employees are clocking one another in and out of work could implement retinal...more

Fox Rothschild LLP

FLSA Class Action Settlement Illustrates Strictness Of Regulations On Training Time

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The FLSA regulations on training time are very specific and, often, hard for an employer to comply with. There are four conditions precedent for such time to be non-compensable and they must all be satisfied or else the time...more

Goldberg Segalla

Employer Compliance with FLSA Wage and Hour Laws at the Beginning and End of Daylight Saving Time

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Key Takeaways - Employers who have employees working overnight shifts when daylight saving time ends and standard time begins must pay these employees an additional hour. Employers also should review the total hours these...more

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

Parker Poe Adams & Bernstein LLP

Clocking In: What Employers Need to Watch for in Recent Court Decision on Unpaid Working Time

For decades, the Department of Labor (DOL) has recognized the impracticability of requiring Fair Labor Standards Act (FLSA) nonexempt employees to clock in exactly at the beginning of their scheduled shifts. In most...more

Payne & Fears

Key California Employment Law Case Summaries: July 2023

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Kuciemba v. Victory Woodworks  Inc., 14 Cal. 4th 993 (2023)... Adolph v. Uber Technologies Inc., 14 Cal. 5th 1104 (2023)... Woodworth v. Loma Linda University Medical Center, No. E072704, 2023 WL 4701976 (Cal. Ct. App. July...more

Epstein Becker & Green

Is it Time to Rethink Your Time-Rounding Practice?

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For decades, many employers have rounded non-exempt employees’ work time when calculating their compensation.  Maybe they have rounded employee work time to the nearest 10 minutes, maybe to the nearest quarter hour, but they...more

CDF Labor Law LLP

[Webinar] Wage & Hour Legal Update And Best Practices for California Employers - August 22nd, 10:00 am - 11:15 am PT

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CDF invites you to attend a complimentary one-hour and 15-minute webinar of valuable insights and updates on California wage and hour laws, as well as essential best practices for employers to ensure compliance and minimize...more

Fisher Phillips

Is This the End of Employee Timecard Rounding in California? 3 Steps for Employers to Take After Recent Ruling

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The California Court of Appeal issued a blow to employers this week by taking yet another step toward eliminating their ability to round employee time punches. Although the California Supreme Court will ultimately weigh in,...more

Sheppard Mullin Richter & Hampton LLP

Home Depot Files Opening Brief in California Supreme Court Case Set to Determine Validity of Time Clock Rounding

As we wrote about previously here, in October 2022, the Sixth District of the California Court of Appeal in Camp v. Home Depot U.S.A., Inc., 84 Cal.App.5th 638 (2022), ignored a decade of precedent and found Home Depot’s...more

Littler

British Columbia Tribunal Confirms Time Theft Proven by Time-Tracking Software May Justify Employment Termination for Cause

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The decision of the British Columbia, Canada Civil Resolution Tribunal (Tribunal) in Besse v. Reach CPA Inc., 2023 BCCRT 27 is especially relevant now that remote work has become common. The Tribunal found the employer had...more

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