Wage and Hour, Recordkeeping Requirements, Appeals

“He said, she said” no longer cuts it: Seventh Circuit clarifies proof required for overtime claims

Constangy, Brooks, Smith & Prophete, LLP on 2/20/2025

A recent decision from the U.S. Court of Appeals for the Seventh Circuit offers a welcome measure of protection for employers in overtime claims brought under the Fair Labor Standards Act. The court’s opinion highlights the...more

As Time Goes by…Pay Practices Which May Be a Surprising Risk for Employers—Part 1

Miller Nash LLP on 12/5/2022

As it turns out, yes, people do care about time. Two recent court cases highlight some of the risks for employers when pay and timekeeping practices don’t comport with wage and hour laws. We’ll provide overviews of each case...more

Has Rounding Overstayed its Welcome in California?

McDermott Will & Emery on 4/6/2021

For the past decade, many California employers have lawfully used neutral rounding systems to compensate employees. Rounding is the practice of adjusting an employees’ recorded time worked to the nearest preset increment for...more

Incomplete Payroll Records Lead to Employer FLSA Liability, Fifth Circuit Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/15/2021

Employers recognize that the Fair Labor Standards Act (FLSA) requires that they pay nonexempt employees overtime wages for all hours worked in excess of 40 hours in a workweek. Additionally, the FLSA imposes recordkeeping...more

N.Y. Court of Appeals Delivers Wage and Hour Victory to Home Care Industry Employers

Proskauer - Law and the Workplace on 4/1/2019

On March 26, 2019, New York’s highest court delivered a victory for employers in the home care industry, clarifying that employers need only compensate home health aides for 13 hours of a 24-hour shift, provided the employees...more

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

Fisher Phillips on 6/14/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Web Exclusive: Should Employees Receive Compensation For Off-The-Clock Cell Phone Use?

Fisher Phillips on 9/15/2017

You might hate to admit it, but it’s true: mobile devices are the adult version of a toddler’s teddy bear. They give us comfort and a sense of belonging. We carry them everywhere and traveling without them makes us feel like...more

"I'm Not Paying For That": Update On Using Timekeeping Policies To Defend Off-The-Clock Claims

Fisher Phillips on 9/14/2017

We have recently focused upon the growing number of federal court decisions under the federal Fair Labor Standards Act that have given legal weight to carefully-crafted, well-maintained employer policies requiring employees...more

Appeals Court Upholds USDOL’s New Minimum Wage and Overtime Rules for Home Care Workers Employed by Home Health Care Agencies

McCarter & English, LLP on 9/3/2015

Reversing a decision celebrated by employers in the home care industry, the U.S. Court of Appeals has ruled that home health care agencies must comply with the U.S. Department of Labor’s (“DOL”) 2013 domestic service...more

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