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
constructive knowledge
Court Rejects Nurses’ Generalized Claim of “8 to 12” Uncompensated Hours Based on Employer’s Time Keeping Protocols
By Noel P. Tripp on
Posted in Hours of Work, Recordkeeping
The best defense for employers confronted with claims of “off-the-clock”, (i.e., unrecorded) work under the FLSA are accurate contemporaneous time records created by employees based on clearly communicated time keeping practices. The effectiveness of such records was recently demonstrated in Roberts v. Advocate Health Care, 2015 U.S. Dist. LEXIS 103631 (N.D.…
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…