Does Time on Mobile Device Support a Claim for Unpaid Overtime?

Posted on August 9, 2017 by Elaine I. Hogan
Posted in Overtime

The Situation: You have employees who are doing work after hours on their mobile devices. Although you have a procedure for submission of any overtime worked, these employees do not report these hours as time worked. Can they bring a claim against you for unpaid overtime under the FLSA, arguing that you should have known they were working after hours on these devices?…


Applying the Administrative Exemption under the FLSA

Posted on July 12, 2017 by Elaine I. Hogan

The Situation: One of the requirements of the administrative exemption of the FLSA is that an employee must have as his or her primary duty “office or non-manual work related to the management or general business operations of the employer or the employer’s customers.”  So what exactly does this mean? Do mortgage underwriters meet this requirement?…


Duane Reade Settles FLSA Collective Action for $13.5 Million—But Can’t Make Plaintiffs’ Counsel Keep Quiet About It?

Posted on May 17, 2017 by Elaine I. Hogan

The Situation: A group of employees brings a FLSA collective action against an employer, claiming they were misclassified as exempt and denied overtime pay over a number of years.  After many years of litigation, the employer is able to reach a resolution, agreeing to pay the plaintiffs millions.  Of course, the lawyers who represented the group of plaintiffs are proud of their victory. Can the employer make it a condition of settlement that the law firm can’t post about the victory on social media?…


Even if Staffing Company is Paying Employees, You Could be on the Hook for Unpaid Wages

Posted on April 19, 2017 by Elaine I. Hogan

The Situation: You go through a temporary staffing company for a certain group of employees and that company takes care of paying the employees. If the staffing company fails to properly pay these employees, what type of consequences could you face?…


Can Employers Obtain Cell Phone GPS Data In Unpaid Overtime Case?

Posted on February 8, 2017 by Elaine I. Hogan

The Situation: You operate a company in which employees frequently use personal cell phones for work reasons.  A group of employees joins together and files a collective action, asserting that you failed to pay them overtime as required under the FLSA.  You want to get ahold of GPS and location services from their cell phones to support your suspicion that these employees were not really working during all the hours they now claim.  Can you get this information?…


New FLSA Test for Joint Employers in Fourth Circuit—If You Use Subcontractors, Pay Attention!

Posted on February 1, 2017 by Elaine I. Hogan

The Situation: A general contractor regularly engages a certain subcontractor to do drywall installation needed on its jobs.  The subcontractor works almost exclusively for the general contractor.  If the employees of the subcontractor are not paid overtime as required by the FLSA, can the general contractor face liability?…


Emotional Distress Damages Allowed in FLSA Retaliation Claim?

Posted on December 28, 2016 by Elaine I. Hogan

The Situation: An employee claims that not only was he not properly paid overtime owed to him, but that when he complained about it, his employer retaliated against him—can he really claim damages based on pain and suffering?…


Federal Court Blocks Overtime Changes

Posted on November 23, 2016 by Elaine I. Hogan

The Situation: Back in September, 21 states filed a lawsuit in federal court in Texas challenging the constitutionality of the rule changes scheduled to go into effect on December 1.  State of Nevada v. U.S. Dept. of Labor, Case No. 4:16cv00731 (E.D. Tex.).  The states (and many other business groups that ended up joining the states) claimed that DOL had exceeded its authority in making these changes and that these changes are in violation of the Tenth Amendment to the Constitution.  The states sought a preliminary injunction preventing the implementation of the new overtime rules.…


Overtime Rule Changes—Have You Considered All Your Options?

Posted on October 26, 2016 by Elaine I. Hogan

The Situation: As most employers are well aware, as of December 1, 2016 (unless something changes before then), the salary minimum for many white collar exemptions under the FLSA will significantly increase from $23,600 to $47,746.  If you have an employee who is making less than the new minimum salary, but also often works over 40 hours in a week, two options are clear--to either raise her salary to the new level to maintain her exemption status or to begin paying her time and a half for all hours worked over 40 in a week. But are there any other options available?…


Orioles Concession Stand Workers Exempt From Overtime

Posted on October 5, 2016 by Elaine I. Hogan

The Situation: Along with the more frequently discussed exemptions, the FLSA contains an exemption for employees of any amusement or recreational establishment, as long as the operations are seasonal.  But what exactly is an amusement or recreational establishment?…

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