Your assistant sends you an email late in the evening (way after the 5:00 hour) and reminds you that you have an appointment in the morning. You respond: “Thanks for the reminder. Could you please make sure that I have...more
It seems every week another call center case pops up. These are extremely dangerous cases for employers and that is why I keep writing (or, harping) about them, as a warning to employers, not only those who operate call...more
There have been a number of cases, in different jurisdictions, involving whether time spent undergoing security checks is compensable time. One issue involved is whether the activity is for the benefit of the employer and if...more
Over the last ten years or so, there have been a rash of class actions involving workers employed at various call centers. These cases involve the performance of work prior to the shift and after, so-called preliminary and...more
As you may know, I am a big student of working time cases and often blog about them. One of my favorite categories of such cases are the so-called “dog cases.” These are cases where workers (usually police officers) seek...more
Now that the clocks have changed for the ending of Daylight Savings Time (DST) there may be overtime implications for employers, especially for those employees who work graveyard or overnight shifts. As clocks are set an...more
Employers who rely on their workers to identify and report overtime as a prerequisite for payment may be setting themselves up for significant liability. As the U.S. Court of Appeals for the Second Circuit recently reminded...more
It seems every other week there is a call center case involving preliminary and postliminary working time. Now, it is a Wayfair call center. The customer service workers allege that the booting up of their computers and...more
1. DIE AUSGANGSLAGE – ENTSCHEIDUNG DES EUGH ZUR ARBEITSZEITERFASSUNG - Nachdem der EuGH im Jahr 2019 (Urteil vom 14. Mai 2019 – C-55/18 Federación de Servicios de Comisiones Obreras/Deutsche Bank SA) entschieden hatte,...more
Bereits 2019 forderte der EuGH (v. 14. Mai 2019, C-55/18) die Mitgliedstaaten dazu auf, die Arbeitgeber*innen zu verpflichten, die täglich geleistete Arbeitszeit der Mitarbeitenden zu erfassen. Das deutsche Arbeitszeitgesetz...more
German law generally does not include an obligation to fully measure employees’ working time. In a 2019 decision, the European Court of Justice (ECJ) demands working time measuring that is objective, reliable and accessible....more
The European Court of Justice ("ECJ") issued a landmark ruling in 2019 that obligated EU Member States to require employers to establish an objective, reliable, and accessible system for recording the hours worked each day by...more
The Situation: On May 14, 2019, the Grand Chamber of the European Court of Justice ("ECJ") issued a Judgment mandating that EU Member States require employers to register the daily working time of their employees. The...more
The new Working Time Act addresses changes in the labor market and in working life. It also responds to the requirements of the Working Time Directive and its interpretative practice. The changes will take effect on January...more
The European Court of Justice ("ECJ") recently ruled that all employers in EU Member States must implement a daily registry of employee working hours. This White Paper chronicles the judicial history that led to this landmark...more