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Report Link Repayment Agreement Passes Muster, But Withholding Paycheck Violates FLSA, State Appeals Court Rules.Jackson Lewis LLP - July 03, 2008 The City of Oakland violated the Fair Labor Standards Act by withholding a former police officer’s final paycheck to cover part of his training costs, the California Court of Appeal has ruled. City of Oakland v. Hassey, No. A116360 (Cal. Ct. App. June 17, 2008). The court also ruled that an agreement for reimbursement of training costs was lawful under the FLSA. Report Link DOL Provides Guidance Regarding Hours Worked Under FLSA.Jackson Lewis LLP - June 16, 2008 The U.S. Department of Labor has clarified compensable work time under the Fair Labor Standards Act in regard to meal breaks, straight time, and overtime. In an opinion letter dated May 15, 2008, the Department reached the following conclusions: Report Link Federal Court Rejects Rule Permitting 11-Hour Driving Day for Commercial Motor Vehicle Operators.Ford & Harrison LLP - July 31, 2007 A federal appeals court has overturned two provisions of the federal rule governing commercial motor vehicle operators’ hours of service, finding that the agency that issued the regulations failed to adequately justify them. Report Link Eleventh Circuit Finds Time Spent Traveling From Parking Lot and Clearing Security is not Compensable.Ford & Harrison LLP - June 06, 2007 In a case handled by Ford & Harrison attorney Andrew Hament, the Eleventh Circuit has held that the time employees spend at a security checkpoint and time spent on employer-provided transportation from a remote parking lot to their work site is not compensable work time under the federal Fair Labor Standards Act (FLSA). Report Link Donning/Doffing Case Illustrates Potential Opportunities and Pitfalls for Unionized Employers.Ford & Harrison LLP - May 16, 2007 Wage and hour lawsuits under the Fair Labor Standards Act (FLSA) are becoming increasingly fertile ground for litigation. Why is that? The FLSA provides that plaintiffs’ lawyers will receive attorney fees if their suits are successful. Report Link Must employers pay workers to study English?Ogletree Deakins - September 11, 2006 Time employees voluntarily studying outside work hours not compensable. Report Link Second Circuit Rejects Expanding Compensable Work Day to Include Duties Not Integral to Principal Work Activities.Jackson Lewis LLP - June 08, 2006 The Court of Appeals for the Second Circuit has affirmed the dismissal of a collective action lawsuit under the Fair Labor Standards Act ("FLSA") against current and former operators of a nuclear power facility located in New York seeking compensation for certain required activities before and after the work day. In Gorman v. The Consolidated Edison Corp. and Gorman v. Entergy Nuclear Operations, Inc., Nos. 05-6546-cv and 06-2241-cv, 2007 U.S. App. LEXIS 12450 (2d Cir. May 30, 2007), the Court decided the consolidated appeal of two separate District Court rulings which had dismissed claims by employees in favor of the employers. Report Link Donning, Doffing, Walking And Waiting: Paid Or Unpaid Time?Fredrikson & Byron, P.A. - January 19, 2006 Test your knowledge on the following wage payment questions. Report Link U.S. Supreme Court Grants Employees More Compensable Time (pdf).Vedder Price - January 06, 2006 On November 8, 2005, the U.S. Supreme Court
unanimously held in consolidated cases (IBP, Inc. v.
Alvarez, No. 03-1328, and Tum v. Barber Foods,
No. 04-66) that time spent by employees walking from a
changing area to the production area is compensable
under the Fair Labor Standards Act (as amended by the
Portal-to-Portal Act) when it follows the donning of
required protective gear. Report Link Justices Tackle "Walking, Working & Wages" (pdf).Ogletree Deakins - December 16, 2005 The U.S. Supreme Court began its
2005-2006 term by hearing a pair of
class action employment lawsuits raising
compensation issues for workers
who are required to put on and take off
protective gear before starting their
work shift. A little more than a month
later, in one of the first decisions of the
term, the high court issued its ruling
in these cases. The result has been generally
perceived as a victory for workers.
This decision raises significant
issues for employers with these types
of workers – and raises difficult questions
for many other companies. IBP,
Inc. v. Alvarez (No. 03-1238) and Tum v.
Barber Foods, Inc. (No. 04-66), U.S. Supreme
Court (November 8, 2005). Report Link U.S. Supreme Court Rules Employees Must Be Paid For Some Walking And Waiting Time In Connection With Putting On And Taking Off Protective Gear (pdf).Nexsen Pruet - December 13, 2005 On November 8, 2005, the U.S. Supreme Court issued a unanimous decision in two
consolidated overtime pay class action lawsuits, IBP, Inc. v. Alvarez and Tum v. Barber Foods,
Inc. The Court ruled employers must pay employees who walk from and to changing areas
at the beginning and end of their shift and “don and doff” (i.e., put on and take off) protective
clothing and equipment needed for their jobs. The Court further ruled that the time employees
spent waiting to take off gear at the end of their shift was compensable, but time spent waiting
to receive and put on gear at the beginning of a shift was not compensable. Report Link To Pay or Not to Pay: Supreme Court Holds That Time Spent Traveling To And From Work Areas to "Don and Doff" Protective Gear Is Compensable.Littler Mendelson, P.C. - December 02, 2005 In a recent consolidated opinion, IBP, Inc., v. Alvarez, No. 03-1238, and Tum v. Barber Foods, Inc., No. 04-66 (Nov. 8, 2005), a unanimous U.S. Supreme Court held that employees must be compensated under the Fair Labor Standards Act (FLSA), as amended by the Portal-to-Portal Act of 1947, for time spent walking from their employer's locker room to the work floor after "donning," or putting on, unique protective gear, as well as time spent waiting to "doff," or take off, unique protective gear. The Court also held that time spent waiting to don protective gear is excluded from FLSA coverage by the Portal-to-Portal Act, and that employers are not required to compensate employees for that waiting time. Report Link Supreme Court Decision Expands The Compensable Workday for Many Employers.Jackson Lewis LLP - November 15, 2005 In what is likely to be the most significant labor and employment law decision in this term, the U. S. Supreme Court has overturned long held assumptions concerning the scope of the compensable workday for employees who are required to wear protective garments or gear to perform their jobs. On November 8, 2005, the Supreme Court delivered a unanimous opinion in IBP, Inc. v. Alvarez, 546 U.S. _____ (2005), Docket Nos. 03-1238 and 04-66, a case involving the interpretation of work time under the federal Fair Labor Standards Act. The Court concluded that the donning of protective gear prior to an employee's shift commences the workday, and that time spent walking to employees' workstations is encompassed within the compensable workday. Report Link Labor and Employment Update: Donning and Doffing (pdf).Hogan & Hartson LLP - November 15, 2005 The United States Supreme Court issued a decision last week that should remind employers of the
dangers posed by a failure to comply with even seemingly minor provisions of the Fair Labor Standards Act (FLSA), the federal law regulating the payment of overtime compensation. IBP, Inc. v. Alvarez (US 2005)Report Link National Alert -- When Walking And Wages Collide (pdf).Ogletree Deakins - November 10, 2005 The first dispute heard by the U.S. Supreme Court this term involved a pair of class action
employment lawsuits raising compensation issues for workers who are required to wear protective gear. Today, the high court issued its ruling in these cases, which was generally in favor of the workers. For employers with these types of workers, this stands to dramatically affect their workplace. Report Link Supreme Court to Decide Cases with Potential to Affect Payroll Practices of Most Employers.Jackson Lewis LLP - February 24, 2005 The U.S. Supreme Court announced it will review two cases involving the parameters of the compensable workday under the federal Fair Labor Standards Act. Report Link Labor Department Revises Position on Compensability of Sleep Time for Group Home Employees.Jackson Lewis LLP - December 10, 2004 In a recent opinion letter, the United States Department of Labor revised its position regarding the compensability of sleep time for group home employees who live on the premises and who are required to remain on the premises during sleep time. Report Link Job Training Need Not Be Paid [PDF File, p.3].Clifton Budd & DeMaria, LLP - April 30, 2003 A federal court of appeals recently ruled that a company was not required to pay overtime under the Fair Labor Standards Act (“FLSA”) to its workers for the time they spent completing a company sponsored training course to fulfill a job prerequisite. Report Link Hours Worked Under the Fair Labor Standards Act (FLSA).Department of Labor - (No Date) Fact Sheet No. 022. This fact sheet provides general information concerning what constitutes compensable time under the FLSA. Report Link Use of time clocks.Department of Labor - (No Date) DOL regulation on the use of Time Clocks, which includes a provision on the practice of "rounding" hours. Report Link FLSA Hours Worked Advisor.Department of Labor - (No Date) This Advisor helps you determine which work-related activities are considered 'hours worked' under the Fair Labor Standards Act.
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