Portal to Portal Act

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    As the proliferation of wage and hour lawsuits continues, employers are being reminded of just how important it is to strictly comply with the Fair Labor Standards Act (FLSA) and other laws regarding employee compensation practices. Many employers have been subjected to considerable liability for seemingly innocuous instances of noncompliance....
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    A U.S. magistrate judge in Miami has refused a request by a construction company to dismiss employees' claims for unpaid overtime and travel time. The federal court ruled that the company's time records were insufficient evidence on which to base a dismissal, particularly since several employees refuted the records. Constructing a defense...
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    Q Recently, I read a news article about a $4.25 million settlement between Butterball and employees at two of its Arkansas plants. It was reached to settle a dispute about compensation for the employees' unpaid time while changing into and out of protective gear before and after work. I operate a deli. Does this mean I should pay my employees for...
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    The new year is a time to put our troubles behind us and start fresh. In that spirit, throughout 2012, we will offer you the chance to put aside outdated or erroneous notions of what you must do to comply with the trickier aspects of the Fair Labor Standards Act. Our first offering covers the ins and outs of travel time....
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    An employer can't sit back and accept the benefits of unauthorized overtime without paying for it. However, federal wage and hour law stops short of requiring you to pay for work that you had no actual or constructive knowledge of - so said the Seventh U.S. Circuit Court of Appeals (which includes Wisconsin) in an employer-...
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    Many times, when facing discipline, employees deny wrongdoing, blame it on someone else, or claim others did the same thing. Each of those scenarios can lead to a lawsuit. Let's see how the federal trial court in Hattiesburg recently dealt with the situation. Facts Aaron Coleman, who is black, worked for Miller...
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    On July 5, the Tenth Circuit Court of Appeals (which includes Colorado) held that pre- and postwork donning and doffing of personal protective equipment (PPE) isn't compensable time under the Fair Labor Standards Act (FLSA). Let's take a closer look at the case. Changing clothes isn't working time Employees at...
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    On July 5, the Tenth U.S. Circuit Court of Appeals (which includes Oklahoma) held that pre- and postwork donning and doffing of personal protective equipment (PPE) isn't compensable time under the Fair Labor Standards Act (FLSA). Let's take a closer look at the case. Changing clothes isn't working time...
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    Q We have an employee who is complaining that travel arrangements made for him by the company resulted in him having to go to the airport outside normal work hours (but during the workweek) to catch his flight. His flight returned during the workweek, but again, it was outside normal work hours. The travel was to attend a training...
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