gap time

Subscribe to gap time via RSS

Co-authored by Kara Goodwin and Noah Finkel

Seyfarth Synopsis: The Ninth Circuit recently joined the Second, Fourth, Eighth, and D.C. Circuits in holding that the relevant unit for determining minimum-wage compliance under the FLSA is the workweek as a whole, rather than each individual hour within the workweek.

Yes, Virginia, contrary to the contentions of some plaintiffs’ counsel, the FLSA…
Continue Reading 9th Circuit’s Xerox Decision Copies Sister Circuits in Affirming Workweek Standard for FLSA Compliance

Co-authored by Michael Wahlander and Noah Finkel

It is not every day that multi-million dollar wage and hour class action judgments get reversed. But that is exactly what happened twice late last week in the Eighth Circuit in two cases against the same employer involving similar issues. In one, the Court reversed a judgment of more than $18.7 million,…
Continue Reading Eighth Circuit Concludes That $24 Million Wage Payment Judgments Have No Meat

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”…
Continue Reading The Third Circuit: The FLSA Requires Fair Pleading Standards

Second Circuit Seal.jpgAuthored by Loren Gesinsky

Employers can benefit from calling out plaintiffs who hide the ball and assert unpaid “gap time” wages in complaints under the Fair Labor Standards Act.

That’s the primary message from the Second Circuit’s opinion in Lundy v. Catholic Health Sys. of Long Island, which affirmed the dismissal of a putative FLSA collective action brought by…

Continue Reading Gaps In Time and Pleading Doom FLSA Claims In Second Circuit

Authored by Kristin G. McGurn

In 2010, as healthcare employers adjusted to a changed landscape following legislative reform, many healthcare systems across the country also were forced to adapt to a litigation trend in which they were targeted in putative class and collective actions.  The complaints typically alleged violations of the Fair Labor Standards Act (“FLSA”), among other statutory and…

Continue Reading Healthcare System Successfully Challenges Implausible Meal Break Allegations; “Gap Time” and RICO Claims Fail