Labor and Employment Law

Recent Posts

When Are Meal Periods Compensable?
Posted on 12 Mar 2015 by Steptoe & Johnson PLLC

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... Read More

E.D. Pa. Dismisses Nurses' Claims for Missed Meal Breaks
Posted on 14 Aug 2012 by Margaret (Molly) DiBianca

Essentially, the FLSA contains just two requirements for non-exempt employees: (1) that the employees be paid minimum wage; and (2) that they are compensated at a rate at least one and one-half times the regular rate for all time worked in excess of 40... Read More

Auto-Deduct Meal-Break Policies Live to See Another Day
Posted on 17 Jun 2014 by Margaret (Molly) DiBianca

The number of FLSA lawsuits filed each year continues to rise. See The Wage & Hour Litigation Epidemic Continues , at Seyfarth Shaw’s Wage & Hour Litigation Blog . Often, the lawsuits follow certain trends, targeting a particular industry... Read More

The Employees Who Lunch Don't Need to Be Paid
Posted on 9 Jan 2015 by Jon Hyman

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,... Read More

Must My Company Give Meal Breaks To Its Employees In New York?
Posted on 26 Jul 2011 by David S. Rich

This blog post discusses the meal breaks and breaks to express breast milk which a n employer in New York State must provide to its adult employees. For rules limiting the hours of work of minors (that is, persons less than 18 years of age) in New... Read More

The Legality of Automatically Deducting Meal Breaks
Posted on 17 Oct 2012 by Margaret (Molly) DiBianca

Many employers automatically deduct thirty minutes for employees' meal breaks. The employer's policy provides that an employee must take their allotted 30-minute break unless a supervisor authorizes the employee to work through the break. And... Read More

Class Certified on Claim That Employer Lacked a Policy of Paying Meal Period Premium Pay
Posted on 24 Jul 2015 by Robin Largent

California courts unfortunately have issued a number of poor class certification decisions in wage and hour cases, and now there's another one to add to the list. In one of the most unbelievable class certification cases this author has read, the... Read More