Wage & Hour Litigation Blog

Category Archives: Off-the-Clock Issues

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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

Donning Your Kerchief and Doffing Your Cap: 2013 Year in Review

Posted in Arbitration Agreements, Damages, Off-the-Clock Issues, Offer of Judgment, Overtime, Rule 23 Certification, State Laws/Claims

Authored by Alex Passantino

It’s the week before Christmas, so you know it’s the time
For our review of the year—our wage-hour rhyme.
Our look-back on issues from the past 52 weeks
That grabbed the attention of you wage-hour geeks.

Leading us off is no big surprise:
FLSA filings continue to rise.
A 10% bump; they’re not going away,
Continue Reading

If It Looks Like Pants And It Walks Like Pants… Supreme Court Considers Definition of “Clothes” In Section 203(o) Of The FLSA

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

Authored by Jessica Schauer Lieberman

This morning the Supreme Court heard oral argument in Sandifer v. U.S. Steel, an FLSA case in a group of steelworkers at a Gary, Indiana factory claimed they should be paid for time spent changing into flame-retardant suits, steel-toed boots, hardhats and gloves, even though their union agreed to exclude that time from the compensable … Continue Reading

Dress Rehearsals Are Over: Supreme Court To Hear Arguments On Monday Regarding Compensability Of Changing Clothes At Work

Posted in DOL Enforcement, Off-the-Clock Issues

Authored by Jessica Schauer Lieberman

On Monday, the U.S. Supreme Court will hear argument in a case that will directly impact employers relying on § 203(o) of the FLSA – a provision that allows employers to exclude time spent by their employees “changing clothes . . . at the beginning or end of each workday” from compensable time pursuant to … Continue Reading