As you know, under the FLSA, “bona fide meal periods” are not regarded as work time and can be unpaid. For a break to qualify as a bona fide meal period, “[t]he employee must be completely relieved from duty for purposes of eating regular meals,” and the break must generally be at least
Six Days on the Road and I’m Gonna Park My Truck to Comply with State Laws Tonight
My apologies to Dave Dudley. The song “Six Days on the Road” just doesn’t stand up to the changes we would have to make after the Ninth Circuit’s decision that the state meal and rest break laws are not preempted by federal hours of service laws (though I’m pretty sure that, eyes open wide
Three Square Meals er…Breaks – Why You Should Never Round Breaks [Wage & Hour FAQ]
If an employee clocks in from lunch at 12:25, do you round that time to 12:30? Unlike the beginning and end of a workday, rounding meal breaksLactation Discrimination Against Nursing Mother Violates Title VII
Guest Blogger: Mark Wilkinson
In 2012, the EEOC published its strategic enforcement plan in which the agency identified its priorities for the years 2013 to 2016. The EEOC listed accommodating pregnancy-related limitations as an emerging issue and a national priority on which it intended to focus. That focus has already paid dividends for the agency
What Does The FLSA Say About Nursing Mothers? [Wage & Hour FAQ]
Regular readers may have noticed a decline in the frequency of our updates around the end of the year. That’s because, in addition to the usual holiday and year-end craziness, my wife and I welcomed a new baby on the day after Christmas. As I get back into the swing of work and blogging, I
When does the FLSA require pay for meal periods? [Wage & Hour FAQ]
Q. A company provides employees with a 30-minute unpaid lunch break. An employee, who is a smoker, has asked if she can take two 5-minute unpaid smoking breaks – one in the morning and one in the afternoon – and reduce her unpaid lunch break to 20 minutes. Is this allowed?
A. No. Under the
DOL’s iPhone App Needs An Update
On May 9, 2011, the U.S. Department of Labor proudly announced its new time-tracking app for the iPhone, which Secretary of Labor Hilda Solis touted as an “invaluable” tool for the Wage & Hour Division in cases where employers failed to keep accurate records. The announcement certainly got the attention of blogging labor and employment law bloggers – see below for a few of the many posts on this.
Ironically, the app that’s designed to allow hourly employees to keep track of their hours and pay doesn’t accurately calculate either in accordance with the Department of Labor’s regulations. Continue Reading DOL’s iPhone App Needs An Update