By: Robert S. Whitman and Kyle D. Winnick
In Perry et al. v. City of New York, the Second Circuit upheld a large jury verdict in favor of a collective of workers regarding off-the-clock work. In doing so, the Court reaffirmed the principle that employers will ordinarily not be liable under the FLSA when employees fail to follow a reasonable
Continue Reading Second Circuit Addresses Off-The-Clock Work
By Zheyao Li and Kevin Young
Seyfarth Synopsis: The U.S. DOL has suspended its “continuous workday” rule for employees working from home as a result of COVID-19. This development has important implications for how small businesses may schedule and compensate non-exempt employees working from home due to the pandemic.
The wave of new law, new guidance on that law, and
Continue Reading WFH is the New Black, Part 2: The DOL Presses Pause on the “Continuous Workday” Rule
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
Co-authored by Steve Shardonofsky and Kevin A. Fritz
Seyfarth Synopsis: As employers begin to pick up the pieces following Hurricane Harvey, management will likely encounter questions about employee pay, benefits, and leaves of absence during and after this disaster, and may also have questions about how to help their workers get by during this difficult time. After making sure your
Continue Reading Practical Advice for Weathering Pay and Leave Issues Following Hurricane Harvey
Co-authored by Kara Goodwin and Noah Finkel
Pending before the United States Supreme Court is a petition for writ of certiorari asking the Court to determine whether an employer may use payments for bona fide meal periods as an offset/credit against compensable work time. If the Supreme Court accepts the case, it would also provide an excellent opportunity for the
Continue Reading No Good Deed Goes Unpunished – The Supreme Court May Decide Whether Payments for Meal Breaks Can Offset Alleged Off-The-Clock Work
Co-authored by Christopher M. Cascino and Jennifer A. Riley
Seyfarth Synopsis: A federal district court last week decertified and effectively grounded a collective action of O’Hare Airport janitorial staff who claimed that their employer forced them to work off-the-clock without compensation. This decision, Solsol v. Scrub, Inc., stands out as a significant victory for employers because, even though all of
Continue Reading Court Grounds O’Hare Janitors’ Collective Action For Off-the-Clock Work
Co-authored by Sherry Skibbe and Andrew Paley
Allstate Insurance Company “insured” a major victory last week in an off the clock class action pending in Los Angeles Superior Court, vindicating employers’ argument that plaintiffs cannot simply intone the magical incantation of “statistical sampling” as a means of collective proof in a class action. Rather, plaintiffs must proffer a detailed and
Continue Reading Court Insures Allstate Against Unsound Trial Plan Mayhem
Co-authored by Dennis Clifford and Rachel Hoffer
From December 2011 to September 2012, Ambrea Fairchild was living the new All American dream: hired by All American Check Cashing, Inc. as an hourly manager trainee in its Hattiesburg, Mississippi store, Fairchild was soon promoted to manager, a salaried position, in March 2012. But Fairchild performed poorly in her new role; after
Continue Reading Fifth Circuit Rejects Off-the-Clock Bid: That’s Not Fair(child)
Co-authored by Molly C. Mooney and Noah Finkel
Last week, a federal judge in the Northern District of Illinois lifted the weight of collective action certification off Life Time Fitness, Inc. and refused to certify a proposed collective of more than 6,000 personal trainers because each trainer’s employment varied too much to resolve their potential claims on a collective basis.
Continue Reading Lifting the Weight: Conditional Certification Denied for Personal Trainers Claiming Off-the-Clock Work