Defining Working Time: Latest Wage and Hour Challenge
Many employers believe that working time begins at the official start of an employee’s shift and ends when that shift is over. However, there are a number of activities that occur before and after the official start of the work shift that can constitute compensable time under the Fair Labor Standards Act (FLSA).
Determining what is and is not working time is a serious challenge for employment counsel, and errors can result in devastating monetary consequences for employers. The Department of Labor can require employers in violation of the FLSA to pay unpaid wages, penalties and plaintiffs' attorney fees.
Employment counsel must understand which activities that are ancillary to the work shift may constitute working time and help employers devise effective strategies for minimizing exposure to FLSA and state wage and hour claims.
Mark Tabakman and Keith Reinfeld will guide employment counsel in identifying activities that may constitute working time under the FLSA and state law and implementing measures to minimize exposure to wage and hour claims.
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