Wage and Hour Issue Articles

Time Spent Clearing Security Not Compensable

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            The Second Circuit Court of Appeals recently held that time spent by employees undergoing security checks when entering their place of employment is not compensable under the Fair Labor Standards Act (“FLSA”). Gorman v. Con. Ed. Corp., 2007 U.S. App. LEXIS 12450 (2d Cir. 2007). The case involved employees at a nuclear power plant who were required to undergo lengthy security procedures upon entering or exiting the facility. The process intensified following the attacks on September 11.

Independent Contractor Exculpatory Agreements Are Unenforceable

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            The Connecticut Superior Court, in a case of first impression, held that negligence waivers executed by independent contractors violate public policy. Colagiovanni v. New Haven Acquisition Corp., 2006 Conn. Super. LEXIS 3387 (Nov. 15, 2006).

Compensable Work Day Includes Time Spent Donning and Doffing Protective Gear

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            The U.S. Supreme Court recently ruled that employees must be paid under the Fair Labor Standards Act (FLSA) for time spent “donning” and “doffing” unique protective gear. IBP, Inc. v. Alvarez, 2005 U.S. LEXIS 8373 (2005). In addition, the Court held that employees must be compensated for time spent walking between the changing facility and work area at the beginning and end of each shift. Prior to the decision, many employers failed to pay employees for these tasks by relying on a FLSA exception relieving employers from paying for “preliminary” and “postliminary” activities.


 

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