News & Analysis as of

Unpaid Overtime Timekeeping

Ervin Cohen & Jessup LLP

California Supreme Court Issues Retroactive Decision on Calculating Meal and Rest Break Premium Pay

Since 2019, California employers have relied on Ferra v. Loews Hollywood Hotel, LLC, 40 Cal.App.5th 1239, for the proposition that only hourly wages would be used to calculate “premium pay” for meal or rest breaks under Labor...more

Cozen O'Connor

Alleged Illegal Labor Practices Cost Grocery Stores $1 Million in Restitution And Penalties

Cozen O'Connor on

Massachusetts AG Maura Healey cited three C-Mart grocery stores and their owners for alleged wage theft and other labor violations affecting over 150 employees...more

Jackson Lewis P.C.

Wisconsin Wage And Hour Law: Rounding Employee Time

Jackson Lewis P.C. on

Wage and hour claims, particularly those asserting class or collective violations, comprise a significant percentage of employment law claims across the country, and Wisconsin is no exception. Improper rounding and other...more

McAfee & Taft

Retaliation suit shows requests for unpaid overtime can be a timekeeping trap

McAfee & Taft on

Informed employers know they must pay non-exempt employee for all hours actually worked. If an employee works unapproved hours or overtime, the company must still pay for that time; however, they may discipline that worker...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

"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

Fisher Phillips

Nurse's Unpaid Overtime Claim Teaches Lessons

Fisher Phillips on

A recent case filed by an Illinois nurse who claims that she is owed unpaid overtime by her former employer illustrates the importance of proper timekeeping procedures and accurate records. The court’s decision in Roberts v....more

Moore & Van Allen PLLC

SCOTUS OKs Statistics to Establish Class Action Liability with Limits, Leaves Open Uninjured Class Member Question

Moore & Van Allen PLLC on

Plaintiffs can count the first class action decision to be issued by the U.S. Supreme Court since the death of Justice Scalia as a win; although, they did not receive broad authorization to proceed carte blanche, as some had...more

Lewitt Hackman

California Wage & Hour: Employer Q&A

Lewitt Hackman on

Recently, the California Labor Commissioner cited a residential care provider for multiple wage theft violations, including for failure to pay minimum wage and overtime. As a result of the Labor Commissioner’s...more

Mintz - Employment, Labor & Benefits...

Reducing Exposure to and Defeating Off-the-Clock OT Claims: A Ten-Step Plan

Off-the-clock work occurs any time someone performs work while not on their regular shift no matter where the work is performed. Generally, this work is compensable if the employer knows or should have known that the...more

Foley & Lardner LLP

I Falsified My Time Records … But I’m Still Suing You for Overtime

Foley & Lardner LLP on

Employers sometimes rely on equitable arguments, such as “unclean hands” (which asserts that it would not be fair to hold an employer liable when the employee’s actions caused or contributed to his own injury or damages). But...more

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