Robert J. BowesBlog Posts
Timber Harvesting Company Cannot Escape Overtime Liability, But Commute and Meal Break Time Should Not Have Been Included, Sixth Circuit HoldsRejecting employer Timberline South’s argument, among others, that FLSA coverage did not apply because all of its timber harvesting occurred only within one state, the Sixth Circuit Court of Appeals nevertheless concluded that the commuting and meal break times should not have been included in the trial court’s calculation of overtime damages. Secretary of Labor v....… Continue ReadingJune 6, 2019 |
Sixth Circuit Rules that Moonlighting Police Officers are Employees, not Independent ContractorsThe Sixth Circuit Court of Appeals recently concluded that all officers of a private security and traffic control company were “employees,” rather than independent contractors under the Fair Labor Standards Act (“FLSA”). The case is Acosta v. Off Duty Police Services, Inc., Nos. 17-5995 and 17-6071 (6th Cir. Feb. 12, 2019). Off Duty Police Services (“ODPS”), in Louisville, Kentucky, offers private security...… Continue ReadingFebruary 20, 2019 |
Airline Ordered to Pay Flight Attendants $77 Million in DamagesA class of flight attendants in a case involving alleged violations of California’s wage and hour laws was awarded $77 million in damages. In so doing, the judge rejected the airline’s challenges to the plaintiff’s damages model and reduced the damages requested by the workers by only $8 million. Bernstein et al. v. Virgin America...… Continue ReadingJanuary 31, 2019 |