Hours of Work

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Time spent by employees in meal and other breaks continues to prompt litigation against public and private sector employers. In a recent decision, the Court of Appeals for the Third Circuit ruled that corrections officers at a Pennsylvania prison failed to allege a violation of the FLSA by challenging the County’s failure to compensate them…

Applying the Supreme Court’s unanimous decision in Integrity Staffing Solutions, Inc. v. Busk, the United States Court of Appeals for the Ninth Circuit recently ruled that firefighters are not entitled to compensation under the FLSA for time spent moving certain necessary gear to and from temporary work assignments at fire stations other than their…

Unanimously reversing the Ninth Circuit, today the U.S. Supreme Court held that time spent by warehouse workers undergoing security screenings was non-compensable because it did not constitute a “principal activity,” nor was it “integral and indispensable” to the workers’ other principal activities.  Integrity Staffing Solutions, Inc. v. Busk, No. 13–433 (Dec. 9, 2014).

The…

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…

Letting stand a decision of the Court of Appeals of the Sixth Circuit, the Supreme Court has denied review of an emergency room nurse’s claim for overtime based on work allegedly performed during unpaid meal breaks. White v. Baptist Mem’l Health Care Corp., U.S., No. 13-107, cert. denied 10/7/13. Plaintiff urged the Supreme Court to…

In the still unresolved FLSA litigation concerning alleged unpaid overtime brought by a former personal assistant to entertainer Stefani Germanotta a/k/a Lady Gaga, Judge Paul Gardephe of the Southern District of New York has issued a lengthy ruling addressing some of the asserted claims and defenses. The Court concluded that plaintiff’s New York state law claims …

As we have detailed many times, the legal determination as to when an individual providing services is performing work which must be compensated under the minimum wage and overtime provisions of the FLSA is not always simple. This inquiry and related questions were at issue in Rui Xiang Huang v. J&A Entm’t Inc., 2012 U.S.