In Thompson v. Real Estate Mortgage Network, the Third Circuit addressed a variety of ways in which a plaintiff could pursue claims against entities that claimed they were not her employer.
The plaintiff was hired as a mortgage underwriter by defendant Security Atlantic Mortgage Company (“SAMC”). Allegedly in response to an investigation being conducted into SAMC 's mortgage practices, the plaintiff and others were directed to complete job applications for Real Estate Mortgage Network ("REMN"), a “sister company” of SAMC. The plaintiff completed ...
By Michael Kun
At virtually every point in time, we have thought of ourselves as being technologically advanced.
Older readers of this blog will recall the first time they ever saw a calculator. It was the size of a paperback novel, it cost more than $100, and it was spectacular. It was unfathomable that anyone would ever design anything more advanced. Now, you can get a calculator at the checkout stand of your local supermarket for about $2. And you will probably raise a few eyebrows if you buy one, if only because most people have no need for calculators. They are built right into most laptop ...
By Michael Kun
You run a supermarket. You contract with a janitorial company to come in every night to clean the aisles after you close.
You run an ad agency. You retain a contractor to handle your mailroom.
You run a law firm. You bring in a company to update the books in your law library.
You run a hotel. You contract with a van service to shuttle your guests to and from the airport.
Whatever business you are in, you are bound to enter into contracts with vendors to provide a variety of services.
And, except where they subcontract that work out, each of those vendors uses its employees to fulfill ...
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 ...
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 ...
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 ...
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Recent Updates
- Time Is Money: A Quick Wage and Hour Tip . . . Contractual Indemnification May Not Guard Against FLSA Claims
- California Court of Appeal Holds That Prospective Meal Waivers for Shifts Between Five and Six Hours are Enforceable
- New Jersey Supreme Court Confirms: Commissions Are Wages Under the New Jersey Wage Payment Law
- Insider Strategies for Wage and Hour Compliance Success: One-on-One with Paul DeCamp
- New Paycheck Requirements Coming to Ohio in April