Few entities are subject to as many lawsuits as the City of New York, with its millions of occupants and thousands of employees. A recent decision rejects three NYPD police officers’ claims that they should have been paid for time spent in alcohol rehabilitation and counseling sessions. Makinen v. City of New York,
compensable time
Seventh Circuit Rules Changing Time Before and After Meals Non-Compensable
By Noel P. Tripp on
Posted in Uncategorized
In the latest in a series of appellate decisions addressing “donning and doffing” issues, the Court of Appeals for the Seventh Circuit ruled that time spent changing at the start and end of a non-compensable meal break is not compensable time under the FLSA. Mitchell v. JCG Indus., 2014 U.S. App. LEXIS 5099 (7th…
Supreme Court Accepts FLSA Certiorari Petition Regarding Pay for “Security Screening”
By Noel P. Tripp on
Posted in Hours of Work
The Supreme Court agreed today to hear a case involving application of the Portal-to-Portal Act to employees who claim they should be compensated for time spent undergoing security screenings used to prevent employee theft. Integrity Staffing Solutions, Inc. v. Busk, Case No. 13-433. The employees allege they were required to undergo security screenings to…
Federal Judge Rejects Installers’ Claim for Overtime Pay Based on Time Spent Commuting Home In Company Vehicles
By Noel P. Tripp on
Posted in Hours of Work
Employees who work at multiple work sites, such as cable installers and repair technicians, and often allege that their work requires them to perform certain tasks rendering what would otherwise be a non-compensable commute, compensable time. Judge Robert C. Chambers of the Southern District of West Virginia recently rejected one such attempt. Davis v. …
Tenth Circuit Rules Time Spent Putting On and Taking Off Protective Equipment Non-Compensable
By Noel P. Tripp on
Posted in Hours of Work
An ongoing issue in wage and hour litigation is the compensability of changing time – the time spent putting on and removing garments and protective material related to the performance of an employee’s duties. Earlier this month, the Court of Appeals for the Tenth Circuit affirmed the District Court’s grant of summary judgment to defendant in…
Federal Court Finds Time Spent On-Premises On-Call During Lunch Breaks Non-Compensable
By Noel P. Tripp on
Posted in Hours of Work
The FLSA requires that employers pay employees for all work time, as well as for any time that the employee is “engaged to wait.” An employee is “engaged to wait” when the employee is idle, but is constrained with respect to engaging in personal activities. Thus, the employee’s time is deemed to be “for the benefit&rdquo…