Wage and Hour, Unpaid Overtime, Off-The-Clock

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

Seyfarth Shaw LLP on 12/23/2024

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

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

Jackson Lewis P.C. on 10/13/2023

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

Key California Employment Law Cases: July 2019

Payne & Fears on 9/4/2019

This month's key California employment law cases involve payment of wages, workplace conditions, public employment issues, and civil procedure....more

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

McAfee & Taft on 10/24/2018

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

California Labor Commissioner Issues $1.9 Million Citation to Contractor for Wage Theft

Stoel Rives - World of Employment on 8/20/2018

Continuing its aggressive enforcement of California wage and hour laws, the Labor Commission issued wage theft citations of $1.9 million to Fullerton Pacific Interiors, Inc. for failing to pay minimum wage and overtime and...more

Illinois Appellate Court Reverses Certification in Off-the-Clock Case

BakerHostetler on 9/26/2017

With many of the most common sources of overtime claims being exhausted (e.g., assistant manager cases), plaintiffs are bringing off-the-clock cases in increasing numbers. While employers should certainly pay nonexempt...more

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

Fisher Phillips on 9/15/2017

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

"I'm Not Paying For That": Update On Using Timekeeping Policies To Defend Off-The-Clock Claims

Fisher Phillips on 9/14/2017

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

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

Baker Donelson on 6/22/2017

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

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

Mintz - Employment, Labor & Benefits... on 2/15/2016

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

In Drafting Company-Issued Device And BYOD Policies, Don’t Forget The Wage And Hour Issues.

Moore & Van Allen PLLC on 10/14/2015

I’ve been holding my breath waiting for the decision by the U.S. District Court for the Northern District of Chicago in the Allen v. City of Chicago overtime collective action before giving you a blog post on this case. The...more

Ohio District Court Denies Conditional Certification In FLSA Case

BakerHostetler on 2/18/2013

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

Wage and Hour › Unpaid Overtime › Off-The-Clock

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