IT professionals are some of the more challenging employees to classify under the FLSA. For example, the Computer Professional Exemption is highly technical and not friendly to lay people or juries. The Administrative Exemption also may apply in some cases, however, there is very little legal authority outlining the exact nature of the computer related… Continue Reading
Category Archives: Off the Clock
Subscribe to Off the Clock RSS FeedCalifornia Supreme Court Issues Long Awaited Decision on Meal Periods
Posted in California Law, Off the Clock, Wage and Hour PoliciesOn Thursday, April 12, the California Supreme Court issued a long awaited decision in a case involving Brinker International (parent company of Chili’s). The decision is required reading for any company with employees working in California as it settles a number of open questions regarding the timing and requirements for employee break and meal periods. Perhaps… Continue Reading
Does an Off the Clock Policy Insulate an Employer From a Lawsuit?
Posted in Fair Labor Standards Act (FLSA), Off the Clock, Uncategorized, Wage and Hour PoliciesAccording to a federal judge in Illinois, the answer is “No.” The judge in Smith v. Family Video Movie Club Inc., N.D. Ill., No. 11-cv-1773 (2/22/12) granted certification of a collective action to a group of workers who contended they were required to work off the clock. The plaintiffs alleged they were discouraged from reporting… Continue Reading
Employee Commute Time – Is It Compensable?
Posted in Collective Actions, Off the ClockOff the clock lawsuits are like locusts sweeping across the nation’s courts. Wage and hour collective and class actions now outnumber all other types of employment class actions, and plaintiffs’ lawyers are always looking for a new theory to argue that employees have not been paid for all of their work time. One of the… Continue Reading