Overtime claims based on alleged “off the clock” work often turn on the question of whether the employer has “suffered or permitted” the employee to work uncompensated hours in excess of forty in the workweek. The Court of Appeals for the Fifth Circuit has affirmed a Mississippi district court’s finding that an employer
timekeeping
Seventh Circuit Rejects Claim For Alleged Unpaid Wages Finding Construction Firm Lacked Actual or Constructive Knowledge of Alleged Work
By Noel P. Tripp on
Posted in Hours of Work, Recordkeeping
While the FLSA’s “suffer or permit” standard is broad, it is not without limit. Building on a prior decision, the Court of Appeals for the Seventh Circuit reviewed several purported justifications for imputing knowledge of alleged additional work asserted by a construction employee and rejected claims of alleged unpaid wages asserted by the former…
Tenth Circuit Affirms District Court Ruling Rejecting “Off-the-Clock” Claim
By Noel P. Tripp on
Posted in Hours of Work, Recordkeeping
The federal regulations to the FLSA impose recordkeeping burdens on employers (see, e.g., 29 CFR § 516.2) but those same records are most vital in assisting employers’ defense of claims of unrecorded work hours ("off the clock" claims). That utility was exemplified this week by a new decision from the Court of …