News & Analysis as of

Wage and Hour Rest and Meal Break

[Webinar] Frequently Asked Employment-Related Questions and Answers Employers Need to Know - December 8th, 10:00am MT

by Payne & Fears on

Every year our clients approach us seeking legal counsel and guidance on a wide range of employment-related issues. Some of these issues are unique to a particular industry; others are common to employers in general. As...more

Bad Break: Oregon Employer Pays Quarter-Million Dollar Wage & Hour Fine

by Fisher Phillips on

The Oregon state agency charged with enforcing the state’s wage and hour laws has announced the largest civil penalty against an employer in its long history – nearly $277,000. According to the Oregon Bureau of Labor and...more

New York 13 Hour Rule

The New York State Department of Labor (DOL) adopted an emergency temporary regulation on October 6, 2017 to address home care aides who work shifts of 24 hours or more. This action comes amidst much anxiety in the industry...more

3rd Circuit Rules Employers Must Pay for Short Breaks

A recent case in the Third Circuit Court of Appeals serves as an important reminder that employers must pay workers for short breaks. The opinion by Judge McKee in Secretary United States Department of Labor v. American...more

No Pay to Sleep or Eat on the Job: New York State Department of Labor Issues an Emergency Regulation for Home Care Workers

by Farrell Fritz, P.C. on

The New York State Department of Labor (the “DOL”) issued an emergency regulation clarifying its minimum-wage rules regarding home care employees. The emergency regulation provides that sleep and meal times for home care...more

Paying Employees During Short Rest Breaks

by Pepper Hamilton LLP on

Q: Do I need to pay non-exempt employees when they go on short rest breaks of 20 minutes or less? A: Yes. The United States Department of Labor (“DOL”) has long taken the position that when employers offer non-exempt...more

Third Circuit Rest Break Case Has Different Slant

by Fox Rothschild LLP on

It is well-established that short rest breaks, so-called coffee breaks, are compensable under the Fair Labor Standards Act. In a variation on this age-old theme, in a unique set of circumstances, the Third Circuit has...more

COFFEE BREAK: Third Circuit Reminds Employers That Short Breaks May Be Compensable Under FLSA

Most employers in California are all-too familiar with the Golden State’s unique meal and rest break requirements. But outside of states like California, Oregon, and Washington, which have clear requirements for meal and...more

Recent Third Circuit Decision Adopts Bright-Line Rule That Employees Must Be Paid For All Breaks 20 Minutes or Less

The Court of Appeals for the Third Circuit recently ruled that, under the Fair Labor Standards Act (FLSA), employers must pay employees for all breaks that are 20 minutes or less. Secretary United States Department of Labor...more

Short Rest Breaks are Compensable Under the FLSA

This month, the U.S. Court of Appeals for the Third Circuit held that the Fair Labor Standards Act (“FLSA”) requires employers to compensate employees for all rest breaks of twenty minutes or less....more

NYDOL Issues Explanatory Statement on Recent Wage Order Amendment Codifying its Longstanding Interpretation of the "13-Hour Rule"

by Littler on

As we reported earlier this month, the New York State Department of Labor (“NYDOL”) issued an amendment, effective October 6, to its Minimum Wage Order for Miscellaneous Industries and Occupations to clarify that bona fide...more

Is Your Company’s “Flexible Scheduling” Policy A Violation of Wage And Hour Law?

by SmithAmundsen LLC on

An employer who allows its employees the “flexibility” to self-schedule time off the clock must make sure that it is paying its employees for all time worked. And beware, under the Fair Labor Standards Act (FLSA), “hours...more

Pump the Breaks: Employers Cannot Bypass Obligation To Compensate Employees For Short Rest Periods

by Jackson Lewis P.C. on

Refusing to compensate employees for short breaks is prohibited by the FLSA, the Third Circuit has confirmed. Thus, an employer’s “flexible time” policy, under which employees were not paid if they logged off of their...more

Significant “Bright-Line” Interpretation of Compensable Time Under the FLSA

Employers are often faced with the difficult dilemma of whether, and how much, it has to pay its employees who take rest breaks under the federal Fair Labor Standards Act (“FLSA”) and corresponding state laws. On Friday,...more

Third Circuit Affirms Bright-Line FLSA Rule on Short Breaks, and Rejects Employer’s ‘Good-Faith’ Absent Disclosure of Legal Advice

by Reed Smith on

On October 13, 2017, the Court of Appeals for the Third Circuit held that short breaks during the work day of 20 minutes or fewer are compensable as a “bright-line rule” under the Fair Labor Standards Act (“FLSA”). The case,...more

Ninety Seconds Is Not Enough: Third Circuit Rules That Break Policy Violates the FLSA

In Secretary United States Department of Labor v. American Future Systems, Inc., No. 16-2685 (October 13, 2017), the Third Circuit Court of Appeals considered whether an employer’s failure to compensate employees for periods...more

Employees Entitled To Pay During Short Breaks Per Precedential Third Circuit Decision

In a recent and precedential decision by the Third Circuit, employers are obligated to pay their employees for breaks of 20 minutes or less under the Fair Labor Standards Act. In an opinion penned by Third Circuit Judge,...more

Do Employers Need to Pay for Short Rest Breaks?

As longtime readers of this blog know, there are some common myths regarding wage and hour issues. One of the most prevalent of these concerns rest breaks. Although many people think that workers are entitled by law to...more

Step Right Up: Tentative Ruling Shows Amusement Park Beats Back Bulk Of Class Bid

by Jackson Lewis P.C. on

In a mixed ruling, a California state court judge in Villegas v. Six Flags Entertainment Corp., Case No. BC505344, issued a decision last week denying certification of eight subclasses of amusement park workers, but...more

NY DOL to Soon Issue Explanatory Statement on Recent Wage Order Amendment

by Littler on

As we recently reported, on October 6, 2017, the New York State Department of Labor (“NYDOL”) issued an amendment to its Minimum Wage Order for Miscellaneous Industries and Occupations regulation to clarify that bona fide...more

Still Sleeping on the Job? NY DOL Says Home Healthcare Employees Not Entitled to 24 Hours Pay for Overnight Shifts

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Effective October 6, 2017, the New York Department of Labor issued an emergency regulation amending the Miscellaneous Minimum Wage Order, which is designed to undermine two recent Appellate Division rulings...more

NY DOL Issues Amendment to the Regulation Governing the Payment of Wages to Home Care Aides Who Work a Shift of 24 Hours or More

by Littler on

On October 6, 2017, the New York State Department of Labor (“NYDOL”) issued an amendment to its Minimum Wage Order for Miscellaneous Industries and Occupations (“Wage Order”) in response to recent court decisions finding that...more

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

by Cozen O'Connor on

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

The Current State of Meal and Rest Break Law in Washington State

by Littler on

This article summarizes certain aspects of the current Washington State law of meal and rest breaks, taking into account the latest appellate ruling on the topic, Brady v. AutoZone Stores, Inc., 188 Wn.2d 576, 397 P.3d 120...more

Sleeping On the Job… Again? Second New York Appellate Court Finds Home Healthcare Employees Entitled to Pay for all 24 Hours on an...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court of the State of New York, Appellate Division, Second Judicial Department (“Second Department”) joined the First Department in finding that home healthcare employees who work 24-hour...more

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