Wage & Hour Litigation Blog

Category Archives: Off-the-Clock Issues

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Of Grapefruits, Drug Tests and Security Screening: Supreme Court Hears Oral Argument in Integrity Staffing Solutions v. Busk

Posted in Off-the-Clock Issues

Authored by Rebecca Pratt DeGroff and Ashley Choren Workman

What do grapefruits, drug tests, and security screening have in common?  The Justices of the Supreme Court discussed all three during oral argument yesterday in Integrity Staffing Solutions v. Busk, analyzing the contours of compensable activities under the FLSA, as amended by the Portal-to-Portal Act, including the compensability of law clerks … Continue Reading

The Third Circuit: The FLSA Requires Fair Pleading Standards

Posted in Defenses, Off-the-Clock Issues

Authored by Jacob Oslick

The days of cursory pleading in FLSA cases have ended. That’s the message the Third Circuit sent a few days before Labor Day, when it issued Davis v. Abington Memorial Hospital.  In Davis, the Third Circuit held that it wasn’t sufficient for the plaintiffs, a group of nurses, to generically allege that they “typically” worked … Continue Reading

DOL Shows Integrity in Supporting Employer on Compensability of Time Spent in Security Screenings

Posted in Off-the-Clock Issues

Authored by Jessica Schauer Lieberman

The Department of Labor surprised employers last week by weighing in on Integrity Staffing Solutions, Inc. v. Busk, which is currently pending before the Supreme Court, and supporting the employer’s position.  The administration’s amicus brief, filed last Wednesday, is good news for employers that require their workers to pass through security screenings before or after … Continue Reading

Try This On For Size: Seventh Circuit Rejects Factory Workers’ Donning and Doffing Claims Based On Expansive View Of The “Workday”

Posted in Off-the-Clock Issues, Overtime

Co-authored by Arthur Rooney and Abad Lopez

Under FLSA section 203(o), time spent “changing clothes or washing at the beginning or end of each workday” is excluded from compensable time if it is treated as non-work time by a collective bargaining agreement.  So, does section 203(o) only apply to time spent donning and doffing at the beginning and end of … Continue Reading

Starbucks Ruling Makes the Most of the De Minimis Doctrine

Posted in Defenses, Off-the-Clock Issues

Co-authored by Rishi Puri, Noah Finkel, and Andrew Paley

At this point, California employers are all too familiar with litigation seeking compensation for preliminary and postliminary activities.  The de minimis doctrine is a main line of defense in actions for these claims.  Recognized in the seminal U.S. Supreme Court decision of Anderson v. Mt Clemens Pottery Co., the … Continue Reading

Company Cries “Fowl” Over Jury Verdict, Fourth Circuit Agrees — Poultry Workers’ State Law Wage Claims Are Preempted by Federal Law

Posted in Defenses, Off-the-Clock Issues, State Laws/Claims

Co-authored by Arthur Rooney and Abad Lopez

In a victory for limiting the avenues available to employees covered by collective bargaining agreements, the Fourth Circuit Court of Appeals held that federal law preempts state law claims for unpaid wages where a CBA is implicated.  As a result, the Fourth Circuit reversed a jury verdict in favor of unionized employees in … Continue Reading

Security On Its Way: SCOTUS Grants Cert. in Security Screening FLSA Case

Posted in Off-the-Clock Issues

Co-authored by Rebecca Pratt Bromet and Ashley Choren Workman

Today the Supreme Court granted the cert petition filed in Busk v. Integrity Staffing, agreeing to answer the question of whether time spent by workers in security screenings is compensable under the FLSA and the Portal-to-Portal Act.  (See Cert Petition; Docket).  Importantly, the Supreme Court will (hopefully) address the … Continue Reading

Will the Supreme Court Provide a Sense of Security For Employers Who Don’t Pay Employees For Going Through Security?

Posted in Off-the-Clock Issues

Co-Authored by Rebecca Pratt Bromet and Ashley Choren Workman

From warehouses to retail establishments, airports to power plants, employees in countless industries spend time every day in pre- or post-shift security screenings.  For decades, it was well accepted that such time was not compensable under the FLSA.  In 2013, however, the Ninth Circuit took a radical step away from established … Continue Reading

Court Makes A U-Turn and Decertifies Class At Trial

Posted in Decertification, Off-the-Clock Issues

Authored by Kyle Petersen

What happens if plaintiffs break their promise to present evidence that their claims can be decided on a classwide basis at trial?  In Dilts v. Penske Logistics, LLC, the Plaintiffs found out this harsh lesson when the Court decertified the case mid-trial because Plaintiffs failed to present classwide proof of their claims.  This decision out … Continue Reading

Trifles and Tribulations: Supreme Court Decides Meaning of “Changing Clothes” Under § 203(o) of the FLSA

Posted in Defenses, DOL Enforcement, Off-the-Clock Issues

Authored by Jessica Schauer Lieberman

The Supreme Court ruled today that steelworkers are not entitled to pay for time spent changing into flame-retardant suits, hardhats, gloves, and other protective items where their union agreed to exclude that time from the compensable workday.  In doing so, the Court took a refreshingly pragmatic approach to an area that previously has been interpreted … Continue Reading