Total Articles: 44
Can A Paid Break Become Unpaid?
Acme Corporation's longstanding policy is to give non-exempt employees two 10-minute rest breaks each workday. It treats these breaks as paid worktime. Management recently realized that, over the years, most of the employees have gradually come to be spending 15 to 20 minutes or even a little longer on each break. Acme sent out a memo reminding everyone that the breaks are limited to 10 minutes, but it had no effect. Could Acme start considering the over-10-minute extensions to be unpaid time?
What Does The FLSA Say About Nursing Mothers? [Wage & Hour FAQ]
Regular readers may have noticed a decline in the frequency of our updates around the end of the year. That's because, in addition to the usual holiday and year-end craziness, my wife and I welcomed a new baby on the day after Christmas. As I get back into the swing of work and blogging, I thought this might be a perfect time to review the federal requirements regarding break time for nursing mothers.
Quick Quiz Answer: "On Call" Time Under The FLSA
The best answer to last week's Quick Quiz is, "No", it is not likely that Alan's time between calls would be found to be worktime under the federal Fair Labor Standards Act.
OFF-CLOCK WORK: "Flintstone" laws in a "Buck Rogers" world
It seems like such an insignificant little case, but it's really a can of exploding snakes.
"Flexible Work" Trend Still Necessitates Wage-Hour Compliance
A recent Time magazine item by Dan Schawbel of Millennial Branding discusses what he sees as a growing trend to abandon the traditional on-premises, 9-to-5 workday in favor of permitting employees to "work odd hours, telecommute and otherwise tweak the usual 9 to 5 grind." Schawbel says that Generation Y employees (those born between 1982 and 1993) are spearheading this because they prioritize workplace flexibility so highly. He warns that employers who fail to offer the option to telecommute, to work atypical hours, and to use technology to facilitate alternative work patterns run the risk of turning away a group of prospective workers projected to comprise 75% of the global workforce by 2025.
Employer’s Lack of Knowledge Renders Employee’s “Work” Not Compensable, Federal Appeals Court Rules
An employee is not entitled to compensation under the Fair Labor Standards Act where the employer did not know or have reason to know the employee was working before the official start of her shift, a federal appeals court in Chicago has ruled. Kellar v. Summit Seating Inc., 2011 U.S. App. LEXIS 24745 (7th Cir. Dec. 14, 2011). Accordingly, the Court affirmed summary judgment for the employer.
Bill Would Apply FLSA Maximum Hours Requirement to Over-the-Road Bus Drivers
On December 12 Sen. Charles Schumer (D-NY) introduced a bill that would amend the Fair Labor Standards Act (FLSA) to make over-the-road bus drivers subject to the law’s maximum hours requirement. The Driver Fatigue Prevention Act (S. 1977) would revise Section 13(b)(1) of the FLSA, which exempts “any employee with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service” from the Act’s overtime provisions, to make an exception for over-the-road bus drivers. Over-the-road buses are those “characterized by an elevated passenger deck located over a baggage compartment.”
Seventh Circuit Holds Employer Not Liable Under FLSA for Employee’s Off-The-Clock Work
On December 14, 2011, the U.S. Court of Appeals for the Seventh Circuit held in Kellar v. Summit Seating Inc., ____ F.3d ____ (7th Cir. 2011), that a former employee who claimed she worked 15 to 45 minutes every day without pay before the start of her scheduled shift failed to make out a claim for back pay under the Fair Labor Standards Act (FLSA) and Indiana Wage Payment Statute. In reaching this decision, the court found that there was no evidence that her employer knew or had reason to know she was performing this work.
Seventh Circuit Requires Actual or Constructive Knowledge of Employee's Off-The-Clock Pre-Shift Work
In a recent “off-the-clock” case, the Seventh Circuit Court of Appeals affirmed an Indiana district court decision and held that the time an employee spends before his or her shift in preparation for the shift is not compensable – even if such time is in excess of 10 minutes and to the significant benefit of the employer – if the employer does not know or have reason to know that the employee is regularly working this off-the-clock time.
Daylight Saving Time Ends, Wage and Hour Problems Begin
On Sunday, November 6 at 2:00 a.m., daylight saving time will end and in most states clocks will be set back one hour. As it does every year, this change presents a challenge for employers whose non-exempt employees are working during that time.
Starting Computers and Reading E-Mail May Be Compensable Work
Last week, the U.S. Department of Labor announced a settlement with Hilton Reservations Worldwide, LLC, in which the company agreed to pay $715,507 in minimum wages and overtime pay to 2,645 current and former customer service employees in Texas, Florida, Illinois and Pennsylvania. The DOL determined after an audit that the company failed to pay workers for pre-shift activities such as booting up their computers, launching necessary programs, and reading work-related e-mails.
That Little Smart Phone Might Cause a Big Wage and Hour Headache
A smart phone is now as much a piece of your office life as a desk, laptop or employee handbook. Anyone can use their BlackBerry or iPhone to stay current on news and events, update social media status and check their email from any location with a signal.
Quick Quiz Answer: "Down Time" On A Business Trip
The answer to our September 23 Quick Quiz is, "None of it".
Quick Quiz: "Down Time" On A Business Trip
Ellen is a non-exempt employee who works in Bigtown for The Acme Corporation. She is assigned to hand-out brochures at TAC's booth at a tradeshow at a hotel in Salestown on Monday. She will stay in the same hotel where the show will be held. Her instructions are that she has to be at the booth location beginning at 7 a.m. on Monday, when she will help set up the booth.
Be Mindful of What Your Employees Do For Fun On-the-Clock: It Could Cost You
Ordinarily, when you think of a compensable injury for worker's compensation purposes, you think of an injury that occurs on the worksite while performing services growing out of or incidental to employment. What about injuries that occur while engaging in recreational or fitness activities, such as basketball or softball, "on the clock"? Are these injuries covered by worker's compensation laws? An interesting series of cases on this question has some employers raising eyebrows and rethinking the way they approach what employees do both offsite and onsite during working hours or while on the clock.
Overstaying Rest Breaks: Paid Time, Or Not?
Acme Corporation's longstanding policy is to give non-exempt employees two 10-minute rest breaks each workday. It treats these breaks as paid worktime. Management recently realized that, over the years, most of the employees have gradually come to be spending 15 to 20 minutes or even a little longer on each break. Acme sent out a memo reminding everyone that the breaks are limited to 10 minutes, but it had no effect. Could Acme start considering the over-10-minute extensions to be unpaid time?
Do We Have to Pay Employees for Checking E-Mail Outside of Work? [Wage & Hour FAQ]
Our company provides remote access to e-mail for all employees, and some of our hourly employees carry iPhones and Blackberries with access to their work e-mail. Most non-exempt employees only work during regular business hours, but some will occasionally check and respond to e-mail after hours or on weekends. Do we need to pay employees for this time? If so, how do we track it?
Smart Phones' Big Wage and Hour Headache
A smart phone is now as much a piece of your office life as a desk, laptop or employee handbook. Anyone can use their BlackBerry or iPhone to stay current on news and events, update social media status and check their email from any location with a signal.
How Is Pay Figured When The Workweek Changes?
Our last post raised questions about how to calculate a non-exempt employee's pay under the federal Fair Labor Standards Act for the timeframe during which the employer adopts a different workweek.
DOL's New Smartphone App Is a Good Reminder to Employers to Ensure Their FLSA Recordkeeping Is in Order
Last month, the Wage and Hour Division of the U.S. Department of Labor announced their creation of a smartphone application that helps employees create records of their claimed hours worked. Jim Coleman, partner in Constangy's Fairfax office and co-chair of the firm's Wage and Hour Compliance and Litigation Practice Group, has published an article in BNA's Daily Labor Report that explores what this new "app" means for employers; please see the article here, or visit this link if you are a BNA subscriber.
DOL's Smartphone App Is a Good FLSA Reminder
Last month, the Wage and Hour Division of the U.S. Department of Labor announced their creation of a smartphone application that helps employees create records of their claimed hours worked. Jim Coleman, partner in Constangy's Fairfax office and co-chair of the firm's Wage and Hour Compliance and Litigation Practice Group, has published an article in BNA's Daily Labor Report that explores what this new "app" means for employers.
How Many Hours Have You Worked This Week? Check Your Phone
The Department of Labor has entered the digital age with a splash, and has announced the launch of its first application for smartphones. That app is a timesheet to help employees independently track regular work hours, break time and any overtime hours for one or more employers. Individuals also can access a glossary, contact information and materials about wage laws through links to the Web pages of the DOL's Wage and Hour Division. According to the DOL’s news release, users will be able to add comments on any information related to their work hours; view a summary of work hours in a daily, weekly and monthly format; and email the summary of work hours and gross pay as an attachment. The app is free and currently is compatible with the iPhone and iPod Touch. The DOL has said that it will explore updates that could enable similar versions for other smartphone platforms (Android and BlackBerry), and other pay features currently not provided for, such as tips, commissions, and bonuses.
The U.S. Department of Labor Makes It Easier for Workers to File Wage Claims
Smart Employees Use New Smartphone App: "DOL-Timesheet" To Track Time
The U.S. Department of Labor's (DOL) May 9, 2011 release of the "DOL-Timesheet" application for smartphones is the Department's latest effort to ensure that workers are properly paid their wages and overtime. This free app, available from the Apple iTunes Store, not only enables employees to easily track hours worked and wages earned, but also permits them to e-mail an attachment that contains a summary of hours worked and a gross pay calculation to their employers or the DOL with just a touch of a button.
Department of Labor Launches Smartphone Application for Tracking Hours
The U.S. Department of Labor today announced the launch of its first application for smartphones, a timesheet to help employees independently track the hours they work and determine the wages they are owed. Available in English and Spanish, users conveniently can track regular work hours, break time and any overtime hours for one or more employers.
DOL Launches Smartphone Timesheet App
Executive Summary: The Department of Labor's (DOL)'s new smartphone app, a timesheet that enables employees to track their hours and determine the wages they may be owed, makes it more important than ever for employers to ensure that they have accurate and effective record-keeping procedures and that exempt employees are appropriately classified.
Department of Labor Launches Controversial App to Track Hours Worked
The U.S. Department of Labor has proudly announced the launch of its first application for smartphones, described as “a timesheet to help employees independently track the hours they work and determine the wages they are owed.” Users can track regular work hours, break time and any overtime hours they work for one or more employers, according to the DOL press release on the application. The free “app,” launched May 9th, is compatible with iPhone and iPod Touch and is available in English and Spanish.
Workday Not Lengthened by At-Home Tasks under the "Continuous Workday" Rule, Second Circuit Holds
Simply because an employee performs work at home does not mean that under the “continuous workday” rule all time spent commuting to and from work is compensable, the U.S. Court of Appeals for the Second Circuit, in New York, has held. The Second Circuit has jurisdiction over Connecticut, New York, and Vermont.
USDOL Facilitates More Secret Time Records
We previously reported on DOL’s publication of a “Work Hours Calendar,” a timesheet for employees to use to keep a private record of each workday’s arrival, start, stop, and departure times, along with other information. In related comments, DOL told employees that “it is recommended that you keep your own records of all the hours you work and your pay.”
IRS Clarifies Reimbursements for Breastfeeding Supplies
Without detailed explanation, the Internal Revenue Service issued Announcement 2011-14, holding that breast pumps and other equipment and supplies that assist lactation constitute medical care under § 213(d) of the Internal Revenue Code. This means that the cost of such supplies can qualify as a medical expense deduction (subject to the other conditions of deductibility), and can be reimbursed under Flexible Spending Accounts, as well as under Health Reimbursement Arrangements, Health Savings Accounts, and Archer Medical Savings Accounts.
DOL Provides Help and Seeks Feedback On Lactation Break Laws.
Since the March 23, 2010 passage of the Patient Protection and Affordable Care Act which included The Nursing Mother Amendment to the Fair Labor Standards Act, many employers have struggled with their legal obligation to accommodate nursing mothers who need to express milk during the work day.
The Start Of Something Big?
A police officer has sued the City of Chicago (on behalf of himself and others) seeking pay for time spent dealing with work-related phone calls, voice-mails, e-mails, text messages, and work orders via BlackBerry devices and similar "personal digital assistants." The officer contends that these activities entitle the group to an award of overtime compensation under the federal Fair Labor Standards Act (FLSA).
Is PDA Use Relevant As To Exempt Employees?
Our last post provoked an inquiry about what impact, if any, after-hours or off-day use of a BlackBerry or another personal digital assistant might have with respect to employees whom an employer treats as exempt under one of the federal Fair Labor Standards Act's executive, administrative, or professional exemptions. The U.S. Labor Department's exemption regulations for these so-called "white collar" employees require that most such employees be paid on a "salary basis" in order to be exempt. This is where the problem might arise.
Chicago Officer Sues Over After-Hours PDA Use.
A police officer has sued the City of Chicago (on behalf of himself and others) seeking pay for time spent dealing with work-related phone calls, voice-mails, e-mails, text messages, and work orders via BlackBerry devices and similar "personal digital assistants". The officer contends that these activities entitle the group to an award of overtime compensation under the federal Fair Labor Standards Act.
Fair Labor Standards Act Amended to Require Employers to Provide Breaks to Breastfeeding Mothers.
On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act, H.R. 3590, and on March 30, 2010, President Obama signed the Reconciliation Act of 2010, H.R. 4872 (collectively the "Healthcare Reform Law"). Section 4207 of the Healthcare Reform Law ("Section 4207") allows nursing mothers to take reasonable breaks to express breast milk. Additionally, the employer must provide a private place, other than a bathroom, for the employee to express breast milk. Note that this law does not preempt state laws that provide greater protections to employees.
Federal Health Care Law Gives Nursing Mothers a Break (pdf).
Nursing mothers who work for larger companies
(50+ employees) are afforded new protections
under the federal heath care law. The
Patient Protection and Affordable Care Act
amends the Fair Labor StandardsAct to require
these larger employers to provide nursing
mothers reasonable break time to express
breast milk and a private comfortable place to
do so.
Nursing Mothers Gain Protection Under Federal Healthcare Law.
Nursing mothers who work for larger companies (50+ employees) are afforded new protections under the federal heath care law. The Patient Protection and Affordable Care Act amends the Fair Labor Standards Act to require these larger employers to provide nursing mothers "reasonable break time" to express breast milk and a private comfortable place to do so.
Health Care Reform Act Requires Breaks for Nursing Mothers.
Buried in the recently enacted Patient Protection
and Affordable Care Act is a provision requiring
employers to provide a reasonable break time for
nursing mothers to express breast milk. The
legislation also requires employers to provide a
place, other than a bathroom, that is shielded from
view and free from intrusion from coworkers and the
public, which may be used by an employee to
express breast milk.
Nursing Mothers Get Unpaid Breaks in Health Care Law.
While employers are trying to quickly understand their current and future health insurance obligations and costs under the newly enacted Patient Protection and Affordable Care Act of 2010, other little-known provisions of the Act are coming to light. One of these provisions is the Nursing Mother Amendment, which adds to the Fair Labor Standards Act a requirement that all U.S. employers covered by the FLSA allow nursing mothers to take unpaid breaks to express breast milk.
FLSA Now Requires Breastfeeding Breaks and a Place to Take Them.
The Patient Protection and Affordable Care Act signed last week by President Obama will affect employers in numerous ways, many of which have not yet been explored in detail, owing to the newness of the law. One provision of the law that is certain to have a very real impact on employers across the country but that we have heard virtually nothing about is Section 4207. Section 4207, titled, Reasonable Break Time for Nursing Mothers amends the Fair Labor Standards Act (FLSA). Because it is born to the FLSA, its provisions apply to almost all employersevery employer engaged in interstate commerce of at least $500,000 per year, hospitals, businesses providing medical or nursing care for residents, schools and preschools, and government agencies.
PDA After Hours.
Depending on who you ask, PDAs are either the greatest workplace innovation since desktop computers, or the bane of an employee's existence. In today's wireless environment, BlackBerrys, iPhones, and other handheld devices increasingly provide employees with round-the-clock access to email from remote locations. While wireless gadgets allow us to maximize productivity in competitive economic times, they may also give rise to overtime, minimum wage and other wage payment claims.
Do After-Hours Emails Create Employer Wage Liability?
Wage and hour class actions have been built upon seemingly minor issues. How about this one: Should non-exempt employees be paid for time spent after hours reviewing business-related emails on their PDAs?
Wage & Hour Update: Failure To Pay Travel Expenses Costs Starbucks Millions.
A recent class action brought by Starbucks employees serves as a reminder to employers on the topic of travel expenses. The federal court employee class action alleged that Starbucks failed to reimburse employees for their travel expenses. Employers should take steps to avoid the same fate.
Federal Court Rejects Rule Permitting 11-Hour Driving Day for Commercial Motor Vehicle Operators.
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.
Eleventh Circuit Finds Time Spent Traveling From Parking Lot and Clearing Security is not Compensable.
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).
