You Can Skim Milk But You Cannot Skim Wages

Harkavy, Michelle - 300dpi
Michelle Harkavy

Executive Summary:    On July 26, 2018, the California Supreme Court ruled that Starbucks must pay employees for minutes, maybe even seconds, spent on off-the-clock “work” by determining that the Plaintiff’s alleged class action state wage claims are not barred by the de minimis doctrine. Continue reading

The Battle Rages On: The Eleventh Circuit Gives New Life to the Minimum Wage Fight in Alabama

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Pat Ryan

Executive Summary:    Earlier this week, in Lewis v. Governor of Alabama, 2018 U.S. App. LEXIS 20635, the Eleventh Circuit Court of Appeals resurrected a lawsuit alleging Alabama’s predominantly-white state legislature discriminated against the workers in Birmingham, a predominantly black city, by overriding the city’s ordinance to increase the city’s minimum wage.  While changes to the minimum wage often elicit strong opinions from employers, workers, and other interested parties, few laws have engendered the passions and inspired the racially-charged allegations presented in Lewis.  As discussed below, in light of the Eleventh Circuit’s recent opinion, employers and workers in Birmingham must continue to wait to see if the city’s increased minimum wage will ever take effect.

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DOL Issues Guidance to Aid in the Classification of Home Care Workers

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Julie Adams

Executive Summary: On July 13, 2018, the United States Department of Labor (“DOL”) issued a Field Assistance Bulletin (“FAB”) aimed at clarifying the standard utilized to determine if home care workers qualify as employees or joint employees under the Fair Labor Standards Act (“FLSA”).  Over the past few years, the DOL has issued and then withdrawn guidance regarding the proper standard and evaluation of home worker classification, leaving uncertainty for the industry.  The new guidance provides clarity on the subject and provides home care registries a road map for proper classification.

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California Court Holds Rounding Employee Time Punches to Nearest Quarter Hour OK—Under the Circumstances

Calculator Icon-02Executive Summary: Under California law, employers are required to pay employees for “all hours worked” when subject to the employer’s “control.” This raises the question: if an employer uses a timekeeping system that automatically rounds employee time punches up or down to the nearest quarter hour, is that lawful? The California Court of Appeals recently said “yes”—depending upon whether the rounding policy and practice are both neutral.

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Eleventh Circuit: “Necessary” Means “Used” – Not “Necessary” – When Determining “Handling Clause” Coverage Under FLSA

Prendergast, Mike - 300dpi
Mike Prendergast

In Asalde v. First Class Parking Sys., LLC, No. 16-16814, ___ F.3d ___, 2018 U.S. App. LEXIS 17935 (11th Cir. June 29, 2018), a collective action for unpaid minimum wage and overtime, the United States Court of Appeals for the Eleventh Circuit found, in a split decision, that foreign-made uniforms worn by parking lot valets create a genuine issue of fact concerning an employer’s “enterprise” coverage under the Fair Labor Standards Act’s “handling clause.”  Continue reading

Rounding Up: the Best Way to Comply with the Rounding Rules

Cheng, David - 300dpi
David Cheng

Most federal and state wage laws require hourly employees to be paid for all time considered hours worked, and requires the employer to accurately keep track of their time.  A question that often arises is whether employers may continue to round employees’ punch times for payroll purposes, notwithstanding the major advances in software and data collection technology that now permit companies to accurately capture time down to the nanosecond.

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New York City Considering Mandatory Minimum Wage for App-Hail Drivers

Ferrier, Valerie - 300dpi
Valerie Ferrier

Executive Summary: The introduction of ride-hailing apps has upended the taxi and for-hire car industry in New York City. What began with a promise of independence and wealth for drivers has actually pushed more into dire financial straits, as competition has increased. Now, following a string of driver suicides, New York City’s Taxi and Limousine Commission (“TLC”) is considering imposing minimum wage requirements on certain app-hailing services like Uber and Lyft. Continue reading