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Time to Eat? Health Care Employers Should Make Sure There Is

Over the past year or so, employers in the health care industry, particularly in the Northeast, have been – and continue to be – targeted in a number of lawsuits alleging improper payment of hours...

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New Federal Law Requires Break for Breastfeeding

On March 23, President Obama signed a bill which amended the FLSA to require most covered employers to provide breaks to mothers for the purposes of breastfeeding (as well as furnish private space for...

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USDOL Issues Guidance On Employers’ Obligation to Provide Breaks to Nursing...

As previously reported here, the recent Health Care Reform legislation includes a provision, which became effective immediately upon passage of the Act, requiring employers to provide breaks for...

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Federal Appeals Court: Employee Provided Time and (Private) Place to Express...

In 2010, the FLSA was amended to require covered employers to provide a time and place for nursing mothers who are non-exempt employees to express breast milk. In the first appellate decision...

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Missouri Court Finds Trial Necessary To Resolve Whether Break Time Is...

Per FLSA regulations, break periods between 5 to 20 minutes generally are considered compensable.  29 C.F.R. § 785.18.  While state wage-and-hour laws typically borrow extensively from the FLSA’s...

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California Intermediate Appellate Court Reverses Ruling Finding “On Call”...

Confronting a novel issue of state law in the wake of the California Supreme Court’s 2012 decision addressing California’s meal-and-rest break requirements, an appellate panel of the California Court...

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Pennsylvania Judge Rejects Contract Claim for Meal Period Pay

Hospitals and other medical service providers continue to face waves of wage-and-hour claims concerning meal break practices, with non-exempt care providers alleging that they were unable to take...

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Wisconsin Supreme Court Rejects Claim That Union Could Not Waive Paid Meal...

Unionized employers often enter into agreements with employees regarding compensation for particular hours or break periods. These agreements are reached through bargaining for the mutual benefit of...

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Washington’s Highest Court Rules Piece Rate Compensation Does Not Satisfy...

Like all compensation methods, piece rate compensation plans – under which an employee is compensated based on the number of “pieces” he or she generates or completes – must be analyzed for...

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Corrections Officers’ Pleading Did Not Establish That County Was “Primary...

Time spent by employees in meal and other breaks continues to prompt litigation against public and private sector employers. In a recent decision, the Court of Appeals for the Third Circuit ruled that...

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Washington Supreme Court Clarifies State Meal Break Requirements

Under Washington State’s meal break statute, an employer must provide an employee working five or more consecutive hours a 30-minute meal period, although employees may waive the meal break under state...

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Pump the Breaks: Employers Cannot Bypass Obligation to Compensate Employees...

Refusing to compensate employees for short breaks is prohibited by the FLSA, the Third Circuit has confirmed. Thus, an employer’s “flexible time” policy, under which employees were not paid if they...

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New York Department of Labor Issues Emergency Minimum Wage Regulations...

Citing the need “to preserve the status quo, prevent the collapse of the home healthcare industry, and avoid institutionalizing patients who could be cared for at home,” the New York Department of...

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Teamsters Challenges Federal Agency Decision on California Break Rules on...

The International Brotherhood of Teamsters, Local 2785 has filed a petition for review to the Ninth Circuit Court of Appeals on the Federal Motor Carrier Safety Administration’s (FMCSA) determination...

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Timber Harvesting Company Cannot Escape Overtime Liability, But Commute and...

Rejecting employer Timberline South’s argument, among others, that FLSA coverage did not apply because all of its timber harvesting occurred only within one state, the Sixth Circuit Court of Appeals...

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Wisconsin Supreme Court Rejects Claim That Union Could Not Waive Paid Meal...

Unionized employers often enter into agreements with employees regarding compensation for particular hours or break periods. These agreements are reached through bargaining for the mutual benefit of...

View Article

Washington’s Highest Court Rules Piece Rate Compensation Does Not Satisfy...

Like all compensation methods, piece rate compensation plans – under which an employee is compensated based on the number of “pieces” he or she generates or completes – must be analyzed for...

View Article


Corrections Officers’ Pleading Did Not Establish That County Was “Primary...

Time spent by employees in meal and other breaks continues to prompt litigation against public and private sector employers. In a recent decision, the Court of Appeals for the Third Circuit ruled that...

View Article

Washington Supreme Court Clarifies State Meal Break Requirements

Under Washington State’s meal break statute, an employer must provide an employee working five or more consecutive hours a 30-minute meal period, although employees may waive the meal break under state...

View Article

Pump the Breaks: Employers Cannot Bypass Obligation to Compensate Employees...

Refusing to compensate employees for short breaks is prohibited by the FLSA, the Third Circuit has confirmed. Thus, an employer’s “flexible time” policy, under which employees were not paid if they...

View Article
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