Ascertaining the actual “hours worked” by a plaintiff alleging uncompensated working time is one of a factfinder’s most thankless tasks, requiring the judge or jury to apply prevailing law regarding what constitutes compensable “work” to conflicting testimony regarding when, where and how the plaintiff performed that work, and how much work the plaintiff performed. Such determinations
off the clock
Seventh Circuit Finds Employee’s “Work” Not Compensable Due To Lack Of Employer Knowledge
The proliferation of FLSA lawsuits brought by “non-exempt” employees for alleged uncompensated working time has highlighted several important FLSA questions. One prominent and thorny question concerns when and how an employer is deemed to have constructive knowledge of work allegedly performed by an employee, such that the employer will be deemed to have “suffered or permitted&rdquo…
Federal Magistrate Judge: Former Smelting Facility Employees Not Entitled To Compensation For Donning and Doffing of Protective Gear
Courts continue to analyze the compensability of preliminary and postliminary time: time spent before or after a non-exempt employee’s shift on certain tasks related to the performance of the employee’s job. Many suits allege the time spent “donning and doffing” of personal protective equipment (“PPE”) related to dangerous work environments (slaughter houses, power plants, etc.) must…
Federal Court Decertifies Collective Action Alleging Funeral Home Did Not Pay For All Hours Worked
While this space frequently discusses decisions adjudicating the merits of FLSA plaintiffs’ “off-the-clock” claims, allegations that employees were not compensated for all hours worked, FLSA collective action litigation often does not reach this merits stage of the proceeding. Frequently, courts first review plaintiffs’ claims in the context of determining whether FLSA plaintiffs are “similarly situated&rdquo…
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…
Second Circuit Reinforces Non-Compensability of Commuting Time
As previously discussed, a federal court in the Western District of New York issued several important rulings in an FLSA case brought by a retail specialist responsible for the stocking, pricing and display of Black & Decker products at six Home Depot stores. In an omnibus decision reviewing all of these district rulings, the Second…
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&rdquo…
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. …