Wage and Hour Defense Blog

After-hours electronic access to the workplace is an increasingly prevalent basis for "off the clock" wage-hour litigation.

A CEO's "operational control" over stores leads to individual liability under the FLSA.

By Michael Kun

We have written several times in this blog about California’s unusual – and unusually vague – “suitable seating” law, which requires some employers to provide some employees with suitable seating if the nature of their work reasonably permits it.  The previously obscure law has become the subject of numerous class actions in California.  And parties and the courts have struggled to interpret a vague law that has little legislative history and even less interpretive case law.

As we wrote most recently in January, the Ninth Circuit essentially threw up its hands ...

'white House' overtime threshold exempt

The President has instructed the Secretary of Labor to "update" and "simplify" the FLSA's white collar exemptions. A major target of the proposed revisions is the current $455-per-week salary threshold for the executive, administrative and professional exemptions.

by Michael Kun

We have written frequently in this blog about the great many wage-hour class actions filed against employers doing business in California.   Those lawsuits often allege that a class of employees performed work off-the-clock, and that the employees are not only entitled to compensation for that time, but to a slew of penalties that often dwarf the amount of alleged damages.

Depending on the nature of an employer’s business, a plaintiff might allege that employees were not paid for the couple minutes it might take to “boot up” a computer in the morning, or for waiting to ...

By John Fullerton

The U.S. Supreme Court has agreed to resolve a split among the federal circuits regarding whether time spent in security screenings is compensable under the Fair Labor Standards Act (FLSA), as amended in 1947 by the Portal-to-Portal Act.  The outcome of the case, Integrity Staffing Solutions v. Busk, could have a significant economic impact on employers who require employees to submit to security searches before or after they begin their workday if employers are required to pay for the time employees spend doing so.

The case arises from claims filed by two former ...