U.S. Court of Appeals Offers Standard on Meal Breaks under FLSA
By Kevin J. Skelly, JD The 3rd Circuit recently adopted a standard for determining when a meal break is compensable under the Fair Labor Standards Act (FLSA).
Tag: FLSA
Nebraska Employers Shouldn’t Scoff When Employees Want Pay to Don and Doff
By Bonnie M. Boryca Employees often rely on the Nebraska Wage Payment and Collection Act (WPCA) when they bring claims for unpaid back wages and withheld compensation. The WPCA guarantees a lot of rights for employees—but can it form the basis for class claims alleging unpaid wages for the time workers spent donning and doffing […]
Ask the Expert: Must We Pay for Travel Time to Workers’ Comp Hearing?
A worker had a work comp hearing in a different city than where he works (about a 2 hour drive). He is asking us to pay him for the time he couldn’t work because he had to travel and attend the work
Arbitration: California Truck Drivers Compelled to Arbitrate Wage Claims
By Michael Futterman, J.D. and Jaime Touchstone, J.D. Performance Team Freight Systems is a motor carrier company involved in warehousing, shipping, and distributing merchandise from the ports of Long Beach and Los Angeles to locations throughout California. Performance Team retained truck drivers as “independent contractors” to transport goods. From 2012 to 2014, a number of […]
DOL’s New Overtime Regs Advance
by Tammy Binford The U.S. Department of Labor’s (DOL) proposed rule greatly expanding the number of workers eligible for overtime pay has been submitted to the Office of Management and Budget (OMB) for review, a necessary step before the rule can be finalized.
Wage and Hour Training Could’ve Prevented Legal Trouble
Supervisors who direct employees to work during unpaid meal periods could be putting their employer at risk for a costly wage and hour lawsuit. Proper training can help educate supervisors about federal and state law regarding the compensability of meal periods and, in the process, minimize the legal risk.
Ask the Expert: No Pay for Suspended Employee?
An employee was sent home for a company policy violation. Can the supervisor send her home for a week with the employee’s option to use her PTO otherwise the week will be without pay? There haven’t been any written warnings nor do we have this discipline action in any handbook.
Is an Informal Overtime Complaint a Basis for an FLSA Retaliation Claim?
By Elizabeth Bowersox, JD The number of overtime and minimum wage claims filed against employers under the Fair Labor Standards Act (FLSA) continues to rise, and with that hike comes an increased risk of FLSA retaliation claims.
What Does ‘Hours Worked’ Mean?
Under the Fair Labor Standards Act (FLSA), employers must pay employees at least the minimum wage for all hours worked. This sounds simple enough. But what does “hours worked” mean in this context? Does it mean just the hours that the employee is scheduled? What about time spent on call? What about break time? What […]
New FLSA overtime rule a step closer to reality
The U.S. Department of Labor’s (DOL) proposed rule greatly expanding the number of workers eligible for overtime pay has been submitted to the Office of Management and Budget (OMB) for review, a necessary step before the rule can be finalized. The new rule is expected to make nearly five million workers lose their exempt status […]