In a case that could change how wage and hour class and collective actions are litigated, Tyson Foods, Inc. recently filed its opening Supreme Court brief. Tyson seeks reversal of a $5.8 million judgment in favor of meat processing employees who claimed to have worked off the clock.
Tyson Foods, Inc. v. Bouaphakeo
The U.S. Supreme Court agreed yesterday to hear an appeal challenging a nearly $6.0 million judgment in a collective and class action case against Tyson Foods, Inc. In Tyson Foods, Inc. v. Bouaphakeo, a wage and hour collective and class action regarding the compensability … Continue Reading
Authored by Alex Passantino
As Juno prepares to pummel the Northeast with snow, employers should prepare for any weather-related closures of their offices, factories, or other facilities. The effect of a weather-related closure on compensation requirements varies for different types of employees and also varies by state.
Most employees who are exempt from federal overtime requirements and paid … Continue Reading
2014 saw no letup in the deluge of wage and hour litigation. Year-to-year, federal wage and hour lawsuits filed in federal courts increased by another 4.7%, bringing the total increase in federal court wage and hour cases over the past decade to more than 238%. With the increase in litigation in this area, … Continue Reading
Authored by Alex Passantino
It’s the week before Christmas, and we’ve accepted our mission, The annual wage hour “sum-up” composition. And to start it all off, we’ve got something nice, ‘Cause the Supreme Court addressed wage and hour stuff twice.
The Supreme Court unanimously ruled today that the Fair Labor Standards Act does not require employers to pay employees for time spent passing through post-shift security screening.
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
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
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
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