LexisNexis® Legal Newsroom
6th Circuit Rules in Favor of Nonprofit on Discrimination Claim Brought by Volunteers

In Bryson v. Middlefield Volunteer Fire Dep’t , the 6th Circuit held that a “volunteer” can qualify as an employee covered by Title VII under certain limited circumstances. In making that determination, a court must examine not only whether the volunteer is paid, but also the degree...

Stopping Wage Theft Easier Said Than Done

by Rich Ehisen When Dana's boss first told her he wanted her to call the staff of their newly-minted medical office in a small California town together for an afternoon meeting, she was in no way prepared for the reason he gave her: that from then on he would not be paying any of them for working...

U.S. Supreme Court Holds Security Screening Time Is Not Compensable

WASHINGTON, D.C. — (Mealey’s) The time warehouse workers spend waiting to undergo and actually undergoing security screenings is not compensable under the Fair Labor Standards Act (FLSA), a unanimous U.S. Supreme Court ruled this morning ( Integrity Staffing Solutions, Inc. v. Busk, et al...

Supreme Court Unanimously Rules That Security Screening Time Is Not Compensable

Today the U.S. Supreme Court issued its decision in Busk v. Integrity Staffing Solutions, Inc. , unanimously holding that time warehouse employees spent waiting to go through security checks and undergoing those checks at the end of their shift was not compensable time. The decision overrules a contrary...

#SCOTUS Unanimously Holds That Post-Work Security Checks Are Unpaid

Integrity Staffing Solutions v. Busk asks the question of whether the FLSA entitles hourly employees to be paid for post-shift time spent undergoing mandatory security screenings. The case was brought by two employees of a warehousing company with employee theft issues. To combat the problem, the company...

This Is Real Law: True Crime: Examining the Scourge of Wage Theft in America

Scott Greenfield’s popular legal blog Simple Justice is published with a disclaimer. Alongside articles that comment on current issues related to criminal defense, the New York City-based attorney, counsellor at law and esteemed legal analyst declares : “Nothing in this blog constitutes legal...

PA Supreme Court Affirms Nine-Figure Judgment Against Wal-Mart

On Monday, the Pennsylvania Supreme Court issued its long-awaited opinion in Braun v. Wal-Mart [ an enhanced version of this opinion is available to lexis.com subscribers ]. A jury trial ended with a $188 million verdict in favor of a class of 188,000 Wal-Mart employees. [The employees] asserted that...

It Pays to Sleep on the Job in California

Today the California Supreme Court issued its decision in Mendiola v. CPS Security Solutions, Inc ., addressing the issue of whether security guards working 24-hour shifts have to be paid for all 24 hours or whether 8 hours of sleeping time (during which the security guards are simply on-call) may be...

The Employees Who Lunch Don't Need to Be Paid

Yesterday, the 6th upheld the dismissal of an FLSA collective action, in which a group of employees had alleged that their employer failed to pay them for time spent working during their lunch breaks. Before we discuss how the employer won this case, I think it’s appropriate to have a quick refresher...

The FLSA “Kick Back” Rule Can Kick You in the Pants

by Mark G. Jeffries I recently had a client ask if the Fair Labor Standards Act (FLSA) required him to reimburse employees for mileage for using their own vehicles to drive to and from mandatory training. Although many employers reimburse their employees for the employees’ use of their personal...

Can Your Employer Force You to Sign a Contract Saying You Volunteered to Work on Sunday?

It's been awhile since I answered my reader questions here. This question is one I found interesting: I have a question about unfair work practices. My husband works for a very large company that does extremely high volume during the Christmas season. All employees were required to work on Sunday...

Must You Pay an Employee For Mandatory Alcohol Treatment?

More specifically, as posed in this recent federal court decision , “when an employer requires an employee to attend alcohol counseling and treatment sessions as a condition of keeping her job, must the employer compensate the employee for the time she spends in counseling and treatment?”...

New York Wage Board Recommends $7.50 Hourly Wage for Tipped Workers

by Ryan Duffy Under a proposal recommended by the state’s Wage Board on Friday, January 30, 2015, tipped workers in New York state, including restaurant servers and hospitality workers, would have their minimum hourly wage increased to $7.50 per hour before tips. If approved by the commissioner...

Class Certification Properly Denied to Sephora Workers Suing for Misclassification

On Feb. 26, a California Court of Appeal issued its published decision in Mies v. Sephora , holding that the trial court properly denied class certification in a case alleging certain store employees were misclassified as exempt executives and/or administrative employees. The Court of Appeal originally...

State Net Capitol Journal: Cuomo Pushes to Raise NY Minimum Wage

New York Governor Andrew Cuomo (D) kicked off a statewide tour last week to promote his plan to raise the Empire State minimum wage to $10.50 per hour, which he said would lift 100,000 workers out of poverty and produce a $3 billion annual boost to the state’s economy. Cuomo signed legislation...

SCOTUS on DOL Interpretations

Yesterday, the Supreme Court issued its opinion in Perez v. Mortgage Bankers Ass'n. (opinion here) [lexis.com subscribers may access Supreme Court briefs and an enhanced opinion for this case]. The Court held that executive branch agencies (in this case, the Department of Labor) may revise their...

When Are Meal Periods Compensable?

by Joseph U. Leonoro As we have highlighted previously on this blog, employers have faced an onslaught of wage-and-hour litigation in recent years. Many of those cases have been filed as class or collective actions on behalf of hundreds and even thousands of plaintiff-employees. Most of these cases...

Is Incarceration the New Slavery? Does Cheap Labor Explain the U.S.'s High Incarceration Rates?

I was reading an article about Massachusetts inmates suing for minimum wage and it started me thinking. The U.S. has the highest incarceration rates in the world . We have about 2.2 million people in prison here. The shockingly high rates started a steep incline shortly after the passage of the Civil...

Biometric Time Keeping

Facing an increasing amount of wage and hour liability these days, employers are considering every feasible method to track employee time accurately. Believe it or not, that includes biometric systems. Indeed, as a replacement for traditional time card machines, biometric systems offer employers numerous...

An Über-Huge Lawsuit For The Employee/Contractor Distinction

Last week, two different California federal judges reached the same conclusion in two different lawsuits brought against two different ride-hailing companies, Uber and Lyft. O’Connor v. Uber Technologies, Inc. [ an enhanced version of this opinion is available to lexis.com subscribers ] and...

When Employees Cash Paychecks Stamped “Full Payment,” Are Their OT Claims Waived?

I’ve gotta hand it to the company in this recent federal appellate court opinion . The company almost — soooooo close — avoided several claims for unpaid overtime. Let me set the stage for you. So, there I was wearing nothing but feathers and a coy smile. Back in 2011, the U.S. Department...

FAQ: When Do You Have to Pay Your Employees for Travel Time?

Let’s start this post off with a disclaimer: People! I’m just a man; not a god. I’m going to address travel time under the Fair Labor Standards Act . Many of you folks live in crazy states, like New York and its crappy basketball team, which is even worse than the Sixers. I didn’t...

Must Management Justify Treating Exempt Employees As Non-Exempt?

by John E. Thompson For years, The Big Corporation has treated its Department Supervisors as meeting all of the requirements for the executive exemption from the federal Fair Labor Standards Act's minimum-wage and overtime requirements. However, TBC's CEO has now concluded that, for a variety...

New Law Renders the Ten Largest Members of Each Limited Liability Company in New York Personally Liable to Workers for Unpaid Wages

On December 29, 2014, New York State Governor Andrew Cuomo signed into law Assembly Bill 8106-C / Senate Bill 5885-B (the “Act”) . Among other changes to current law, the Act renders the ten members with the largest percentage ownership interest of each limited liability company (“LLC”...

FLSA Exemption Changes: Some Compensation Alternatives For Salaried Employees

by John E. Thompson No one knows when the U.S. Labor Department will eventually implement revised definitions of the federal Fair Labor Standards Act's Section 13(a)(1) exemptions (we have covered these developments earlier). But whenever this happens, the new regulations are likely to: ♦...