Rest and Meal Break, Unpaid Overtime, Collective Actions

9 Steps Mine Operators Should Take as Overtime Class/Collective Actions Surge Across the Country

Fisher Phillips on 8/12/2025

In recent months, we have seen a substantial uptick in class and collective actions filed against mine operators on behalf of current and former hourly miners (and other hourly field personnel) alleging violations of the Fair...more

Lawsuit Alleges Healthcare Workers Should Be Paid for Mandatory Temperature Checks and Health Screenings

Fisher Phillips on 3/24/2021

A Wisconsin-based healthcare worker recently filed a proposed collective and class action complaint against an assisted living facility alleging it required all employees to undergo mandatory temperature checks and complete a...more

Plaintiffs’ Bar Targets Healthcare Facilities’ Timekeeping Practices

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/25/2017

Healthcare facilities are increasingly becoming targets of collective action lawsuits under the Fair Labor Standards Act (FLSA). Several recent lawsuits in Texas have challenged timekeeping practices related to meal breaks....more

CBAs Must Specifically State Intent to Arbitrate Statutory Rights

Seyfarth Shaw LLP on 2/13/2017

Seyfarth Synopsis: The Court of Appeal has held that unless a collective bargaining agreement includes an explicitly stated, clear and unmistakable, intent to waive the right to a judicial forum for statutory causes of...more

Paid Breaks Cannot Offset Overtime Obligations

Parker Poe Adams & Bernstein LLP on 10/19/2016

Neither the federal Fair Labor Standards Act nor wage payment laws in place in most states require that employers provide non-exempt employees with paid meal and other breaks. However, employers commonly offer employees paid...more

Third Circuit Confirms Paid Meal Breaks Cannot Offset FLSA Overtime Liability

McNees Wallace & Nurick LLC on 10/11/2016

In a recent decision, the Third Circuit emphasized the need for employers to capture and compensate all hours worked by non-exempt employees, even if the employer pays the employees for break time that it could treat as...more