News & Analysis as of

Unpaid Overtime Off-The-Clock Fair Labor Standards Act (FLSA)

Seyfarth Shaw LLP

Frying the Certification: Fourth Circuit Turns Up the Heat, Reversing Class Certification Decision for Bojangles Shift Managers In...

Seyfarth Shaw LLP on

Class Certification Recipe Needs More Flavor: The Fourth Circuit tossed out a class certification order for Bojangles’ shift managers, citing a high level of generality in identifying common policies and overly broad class...more

Jackson Lewis P.C.

Seventh Circuit: Employer May Place Conditions on Paying for Non-Compensable Off-the-Clock Work

Jackson Lewis P.C. on

If an employer adopts a contract or custom of paying employees for pre- or post-shift activities that are not otherwise compensable under the Fair Labor Standards Act (FLSA), it can impose conditions on such pay, including...more

McAfee & Taft

What exactly is “de minimis”? How to address off-the-clock work in light of modern technologies

McAfee & Taft on

Smartphones have changed the employment landscape. Non-exempt employees can communicate via text or email any time of day or night, and may be expected to. My habit in the evenings is to check my work email, even if only to...more

Fisher Phillips

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

Fisher Phillips on

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

Fisher Phillips on

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

Baker Donelson

Uncompensated "Off-the-Clock" Work Time Nets Call Center Nurses a $6.2 Million Settlement

Baker Donelson on

Late last year, more than 1,300 "advice nurses" working at call-in centers providing answers to patient health care questions for Kaiser Permanente and Permanente Medical Group filed a class action lawsuit for unpaid wages...more

BakerHostetler

Ohio District Court Denies Conditional Certification In FLSA Case

BakerHostetler on

We’ve commented before that while most courts apply a fairly lenient standard at the “conditional certification” phase of Fair Labor Standards Act collective action litigation, plaintiffs tend to have a harder time in...more

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