By: Christina Jaremus and Noah Finkel

Seyfarth Synopsis:  A federal district court held that “boot-up” and “shut-down” time in a call-center environment is de minimis and therefore not compensable.

It has been hornbook law since the early days of the FLSA that disregarding small increments of otherwise compensable time does not give rise to back overtime liability under the

Continue Reading It So Happens That The De Minimis Doctrine Is Only Mostly Dead: District Court Holds That Boot Up Time In Call Center Generally Is Non-Compensable

By Ariel Fenster and Kevin Young

Seyfarth Synopsis. In the final hours of 2020, the U.S. DOL’s Wage & Hour Division issued an opinion letter containing guidance on the compensability of time commuting to the office, or tending to personal matters, for employees primarily working from home. While fact-specific, the letter offers a glimpse into WHD’s current thinking on increasingly
Continue Reading New Year’s Gift From WHD: Guidance on Continuous Workday Rule in the WFH Era

Co-authored by Kevin Young and Kara Goodwin

Even as FLSA litigation has surged to historic highs, it is rare to see a nefarious violation of the Act by a manager or supervisor. Far more prevalent, it seems, are stories of managers who, while intending to afford employees freedom and flexibility, instead trip over one of many hurdles scattered across the
Continue Reading The Road to FLSA Litigation is Often Paved With Good Intentions

Co-Authored by Sheryl Skibbe, Jon Meer, and Michael Afar

Seyfarth Synopsis: A recent court decision credited Nike’s time and motion study showing employees spent mere seconds of time in off-the-clock bag checks, finding the checks to be too trivial and difficult to capture to require payment. In contrast, the class failed to present actual evidence showing any amount
Continue Reading Nike Prevails On Bag Check Case

Authored by Alex Passantino

In a post today on the U.S. Department of Labor’s blog, WHD Administrator, Dr. David Weil, announced that WHD recovered more than $240 million in back wages for more than 270,000 workers in FY2014. This recovery was slightly down from FY2013’s $249 million. Since 2009, WHD has recovered more than $1.3 billion as a
Continue Reading WHD Recovers $240 Million for More Than 270,000 Workers

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 Juno How to Pay When Your Facilities Close for Weather-Related Reasons?

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

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

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

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