The thorny issue of what constitutes “working time” is always causing headaches for employers and the pandemic period has increased these concerns greatly, with demands made for compensation for testing time, vaccination time. A class action has been recently filed, seeking compensation for workers in a meatpacking plant who want pay for time spent being…
Travel Time Class Action Tries To Convert Home-To-Work Travel To Compensable Time
I have handled many travel time cases and can report, regretfully, that plaintiff-side lawyers are always seeking new and creative ways to make certain kinds of travel time compensable. A new case has been filed on this issue where oil and gas workers claim they are owed overtime for travel between company housing to their…
Defeat of Restaurant FLSA Actions for Lack of Credible Evidence Is Encouraging!
Many wage-hour/overtime actions are brought against restaurants; this is, and has been for some time, a disturbing pattern. Coupled with this trend is the fact that it seems that this industry has certain “customs” on paying workers that give plaintiffs a seeming leg up in these actions. So, it warms my heart when these suits…
What is Off-the-Clock Work?
Off-the-clock work is a common issue that often is the basis for class action wage claims. Put simply, federal and state laws require that workers get paid for the time they “work.” Generally, hours worked includes all time an employee must be on duty, or on the employer’s premises or at any other prescribed place…