The U.S. Supreme Court has declined to review the Sixth Circuit Court of Appeals’ decision in White v. Baptist Memorial Health Care Corporation,* upholding summary judgment and dismissal of an emergency room nurse’s Fair Labor Standards Act (FLSA) claim because she failed to follow procedures for reporting time spent working during automatically deducted unpaid meal breaks. Some commentators have seen this decision as partially recognizing a Faragher/Ellerth type affirmative defense in FLSA actions when employers have reasonable procedures for reporting time worked. That view may be a bit oversimplified, but the underlying decision does highlight how an employer may avoid potential FLSA liability by taking proactive steps to ensure that employees are appropriately paid for all time worked.
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