News & Analysis as of

Unpaid Overtime Wage and Hour De Minimis Claims

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

BakerHostetler

Time Study Kills Off-the-Clock Claim

BakerHostetler on

In many cases, particularly in light of last year’s decision in Tyson Foods, Inc. v. Bouaphakeo, it is the plaintiff who tries to use statistical evidence in an off-the-clock case to estimate damages. But that same data may...more

McManis Faulkner

Wage and Hour Compliance: Off-the-Clock Work

McManis Faulkner on

Thanks to the wonders of technology, it has become increasingly easier for non-exempt employees to engage in small work-related acts, or to be “on call” for their employer, after they have “clocked out” at the end of a shift....more

Seyfarth Shaw LLP

Ninth Circuit Roundly Supports Time Punch Rounding

Seyfarth Shaw LLP on

The Ninth Circuit this week blessed an employer’s policy of rounding employee time punches to the nearest quarter hour, affirming summary judgment in favor of the company on an employee’s challenge to the rounding policy...more

Littler

Wisconsin Supreme Court Weighs in on the Compensability of Pre- and Post-Shift Work

Littler on

The Wisconsin Supreme Court recently helped clarify the circumstances under which pre- and post-shift donning and doffing constitutes compensable work under Wisconsin’s minimum wage and overtime laws. The decision, which...more

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