LexisNexis® Legal Newsroom
Must My Company Give Meal Breaks To Its Employees In New York?

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 York, see this author's December 8, 2010 blog...

What Does Independence Day Really Mean?

To most of us, the 4 th of July means a day off from work spent with family and friends, perhaps going to a parade, having a barbeque or watching fireworks. But Independence Day signifies so much more. It not only honors the birthday of our country, but the adoption of the Declaration of Independence...

E.D. Pa. Dismisses Nurses' Claims for Missed Meal Breaks

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 hours in a workweek. "Gap time" is not...

The Legality of Automatically Deducting Meal Breaks

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, in the unusual case when the employee does have to...

Auto-Deduct Meal-Break Policies Live to See Another Day

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, job type, or claim. One such trend, which I’ve...

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...

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...

Class Certified on Claim That Employer Lacked a Policy of Paying Meal Period Premium Pay

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 court in Safeway Inc. v. Superior Court (Esparza)...