Tag Archives: Hours of Work

Massachusetts Federal Judge Issues Decision Expansively Interpreting FLSA’s Minimum Wage Obligations

As we have discussed, federal courts generally interpret the FLSA in conformity with longstanding FLSA principles stated in, among other seminal cases, United States v. Klinghoffer Bros. Realty Corp., 285 F.2d 487 (2d Cir. 1960). Under the Klinghoffer rule, the FLSA generally just mandates: 1) the payment of overtime at the regular rate for hours in … Continue Reading

Detroit Federal Court Rejects Employee’s Attempt To Seek Recovery Based on Auto-Deducted Meal Break

In this post, we discussed two different courts’ analyses of hospital plaintiffs’ attempts to seek conditional certification of their claims that they were not paid for allegedly working meal periods due to the employers’ use of an auto-deduct for meal periods. In an opinion addressing such a claim on the merits (as opposed to the lower … Continue Reading

Tenth Circuit Rules Time Spent Putting On and Taking Off Protective Equipment Non-Compensable

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 … Continue Reading

Federal Court Finds Automatic Meal Break Deduction Alone Insufficient For Collective Treatment

As previously discussed, the FLSA requires payment for all hours where an employer “suffers or permits” an employee to work. Compensable time can include time ostensibly designated for meal and other breaks if the employee in question is not completely relieved of duty and/or if the period is insufficient length. Aggrieved employees often allege that employers systemically … Continue Reading

Illinois Federal Court Rejects Plaintiff’s Effort To Breath Life Into “Gap Time” Recovery Under FLSA

The ubiquity of class and collective action lawsuits under the FLSA and state wage and hour laws requires employers to remain ever vigilant with respect to their wage practices. The ferocity of the plaintiffs’ bar is such that even seemingly settled FLSA doctrine is subject to attack. Recently, a federal district court in Illinois rejected one such … Continue Reading

Federal Court Finds Time Spent On-Premises On-Call During Lunch Breaks Non-Compensable

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” … Continue Reading

Circuit Court Reiterates That State Wage and Hour Laws Need Not Mirror FLSA

As discussed here, the FLSA contains a provision relating to the compensability of time spent donning and doffing uniforms, when the compensability of such time is addressed in a collective bargaining agreement. 29 U.S.C. § 203(o). However, even where a unionized employer through a collective bargaining agreement is not required to pay for such time, if the … Continue Reading

Court Denies Claim For Alleged Unpaid Overtime Despite Employer’s Failure To Maintain Required Records

As discussed here, an employer’s maintenance of accurate records of hours worked by employees is not only a substantive requirement of the FLSA, but an essential component to defending against “off the clock” claims. But what happens if an employee brings such a claim and the employer has not maintained records? Is the employer defenseless? The … Continue Reading

Federal Court Finds Pre-Shift Time De Minimis And Non-Compensable

The Second Circuit recently affirmed a district court’s decision dismissing security guards’ claims for minimal amounts of allegedly uncompensated work time. In doing so, the Court reiteratedthe general principle applied by federal courts that “"[w]hen the matter in issue concerns only a few seconds or minutes of work beyond the scheduled working hours, such trifles may … Continue Reading

Federal Court Judge Upholds Employer’s Time Tracking Policies And Rejects Plaintiff’s Claim For Alleged Unpaid Work

Reinforcing the importance of properly crafted and enforced work-time tracking policies, Judge  Michael Telesca of the Western District of New York recently dismissed the balance of a plaintiff’s claims in a lawsuit alleging failure to compensate non-exempt employees for all overtime hours. The Court based its decision on the employer’s strong time tracking policies and protocols. Kuebel … Continue Reading

Lojack Revisited: Commuting Time Can Be (Surprise) Compensable Under California Law

The Ninth Circuit recently revised and reissued its earlier opinion in Rutti v. Lojack Corp., No. 07-56599 (9th Cir. Mar. 2, 2010), holding upon further review that the Plaintiff’s commuting time is compensable under California law, while continuing to find that such time  is not compensable under the FLSA. The Court did not change its … Continue Reading