News & Analysis as of

Wage and Hour › Actual or Constructive Knowledge

Jackson Walker

Proper Payment for Hours Worked by Remote Workers in the Age of COVID-19: U.S. Department of Labor Issues New Guidance to...

Jackson Walker on

COVID-19 has augmented many challenges for employers. The most observable of these has been the necessity of avoiding congregating employees at the workplace. Unfortunately for employers, eliminating the requirement to work...more

Weintraub Tobin

Employers Must Use Reasonable Diligence To Track Telecommuting Employee Hours

Weintraub Tobin on

With 31% (or more) of American workers working from home as of April 2020, according to a survey cited by the Bureau of Labor Statistics, and probably even more since then, most employers face important questions: what is the...more

Proskauer - Law and the Workplace

DOL Guidance Reminds Employers of Obligations to Track and Pay For Remote Work

Proskauer - Law and the Workplace on

On August 24, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued a Field Assistance Bulletin (“FAB”) providing guidance on employers’ obligations under the Fair Labor Standards Act (“FLSA”) to track...more

Proskauer - California Employment Law

Summary Judgment Was Properly Granted In Favor Of Hospital In Meal/Rest Break Case

Proskauer - California Employment Law on

David v. Queen of the Valley Med. Ctr., 2020 WL 3529683 (Cal. Ct. App. 2020) - Registered nurse Joana David sued her former employer, Queen of the Valley Medical Center, for allegedly failing to pay her for meal breaks...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

Fisher Phillips

"Constructive Knowledge" Off-The-Clock Claim Rejected

Fisher Phillips on

Another federal appellate court, this time the Fifth Circuit U.S. Court of Appeals (with jurisdiction over Mississippi, Louisiana, and Texas) has rejected an employee's claim to have been entitled to federal Fair Labor...more

Orrick - Employment Law and Litigation

Secretly Working Off The Clock—You Don’t Get Paid For That!

Orrick - Employment Law and Litigation on

Following principles that federal courts have applied in similar cases under the Fair Labor Standards Act, a California appellate court recently confirmed that employers are not liable under the California Labor Code for...more

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