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When the “Workday” Begins: Pre-shift COVID-19 Screenings May Be Compensable
The Fair Labor Standards Act requires payment for “work,” but does not define the term. For most workers, the “workday” begins long before clocking in. We set alarms, change clothes, check emails, and travel to our workplaces. The law is clear that most preparatory tasks like these—those occurring at home or while commuting—are not compensable.
March 02, 2021
Seventh Circuit Rules That Employees May Be Entitled to Paid Military Leave
The Uniformed Services Employee and Reemployment Rights Act (“USERRA”)—a federal law protecting employment rights of service members—mandates that employers provide the same “rights and benefits” to employees on military leave as they do for employees on “comparable” non-military leave.
February 26, 2021
Fifth Circuit Reaffirms Employer’s Responsibility of Recording Overtime Hours
It is the employer’s responsibility to keep track of employee overtime hours, and when they fail to do so, employees get the benefit of a relaxed standard of proof: they only need to prove their hours of work by a “just and reasonable inference,” including by estimates, averages, and approximations.
February 24, 2021
California Supreme Court Reaffirms Workers’ Rights To Not be Mislabeled as Independent Contractors
Workers’ rights to not be mislabeled as independent contractors by employers was reaffirmed by the California Supreme Court Friday. Earlier this year, the California Supreme Court ruled in Vazquez et al v. Jan-Pro Franchising International, that the Dynamex ABC Test applies retroactively, allowing workers to utilize the ABC Test for cases filed before the test was established.
February 23, 2021
Correctional Workers at FCI Mendota and FCI Herlong File Hazard Pay Lawsuits
In February 2021, fifty-one FCI Mendota correctional workers and 137 FCI Herlong correctional workers filed Complaints against the United States to recover hazardous duty pay, environmental differential pay, and backpay for overtime wages that were incorrectly calculated, after having been required to work on a daily basis in the hazardous work environment caused by the global pandemic.
February 18, 2021
NC State Wage and Hour Law Claims Are Not Pre-Empted By FLSA
A Lowe’s employee in North Carolina sued his employer in April 2019, claiming he had not been properly paid under the Fair Labor Standards Act (“FLSA”) or the North Carolina Wage and Hour Act (“NCWHA”). The plaintiff alleged that Lowe’s employed hourly managers to supervise its retail stores, departments within its retail stores, or to manage other employees.
February 09, 2021
DC Ban on Non-Compete Agreements Update
On December 17, the D.C. Council unanimously passed the Ban on Non-Compete Agreements Amendment Act of 2020. On January 11, Mayor Bowser of Washington D.C. signed the Act into law. If the Act makes it through a 30-day congressional review process, it will “make void and unenforceable non-compete” agreements entered after the law’s effective date throughout the District of Columbia, but it is not retroactive.
February 08, 2021
NC Reaffirms Minimum Wage and OT Rights for Restaurant Workers
On January 25, 2021, the U.S. District Court for the Middle District of North Carolina reaffirmed the minimum wage and overtime rights of restaurant servers and bartenders. Specifically, the Court held that defendant Artisanal Restaurant improperly applied the federal “tip credit” and unlawfully compensated the plaintiffs at $2.13 per hour, rather than the full minimum wage, for all of their hours worked, because the restaurant failed to provide adequate notice to its employees that it would be applying the tip credit.
February 04, 2021
Parties Jointly Seek Court Approval of $2M Overtime Pay Class Action Settlement for Boeing Employees
Boeing has agreed to a $2M non-reversionary settlement to pay 770 current and former Boeing employees in a lawsuit brought pursuant to the Fair Labor Standards Act and Washington State Law. The settlement class comprises current and former Boeing employees who worked as project administrators, planners, and staff analysts in certain grade levels in Washington.
February 03, 2021
Continued Worker-Friendly Biden Administration Actions
The Biden administration continued its efforts to undo damage to working people wrought by its predecessor by ending the employer-friendly Payroll Audit Independent Determination and withdrawing ten anti-union memoranda implemented by the former General Counsel of the National Labor Relations Board.
February 02, 2021
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