29 C.F.R. §785.11 - General
Cite as | 29 C.F.R. §785.11 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
259 cases
-
Colon v. Colomer, CIV. NO. 18-1360 (MDM)
...but suffered or permitted is work time" if "[t]he employer knows or has reason to believe that [the employee] is continuing to work." 29 C.F.R. § 785.11. The Defendant's actual or constructive knowledge that Vega was performing work for which he was undercompensated is a necessary condition......
-
Hunter v. Sprint Corp., Civil Action No. 04-0376 (JDB).
...(emphasis supplied). Employment is defined as work that is "suffered or permitted" by the employer, even if not requested. See 29 C.F.R. § 785.11. All hours of employment count for purposes of overtime calculation, so long as the "employer knows or has reason to believe that [the employee] ......
-
Senne v. Kan. City Royals Baseball Corp., Case No. 14-cv-00608-JCS
...work performed remotely is compensable if the employer "knows or has reason to believe that the work is being performed." Id. (quoting 29 C.F.R. § 785.11). Plaintiffs note that the laws of the states at issue do "not distinguish between work performed at the job site versus work performed a......
-
Reich v. IBP, Inc., Civ. A. No. 88-2171-EEO.
...Handler v. Thrasher, 191 F.2d 120 (10th Cir.1951); Hudson Stations, 1983 WL 2110, 99 Lab.Cas. (CCH) ¶ 34,463 29 U.S.C. § 203(g); 29 C.F.R. §§ 785.11, In 1946, the Supreme Court in Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680, 66 S.Ct. 1187, 90 L.Ed. 1515 (1946), interpreted the FLSA to......
Request a trial to view additional results
15 firm's commentaries
-
Hot Wage and Hour Issues for Home Healthcare Employers
...2012 U.S. Dist. LEXIS 103052, at **6-7 (E.D.N.Y. July 24, 2012); see also 29 C.F.R. § 785.27 (compensability of training time). 104 29 C.F.R. §§ 785.11-785.12. 105 29 C.F.R. § 785.13. 106 Id. 107 See, e.g., Brooks v. Watson Home Health Care, Inc., Case No. 2:12-cv-13599-GCS-RS W (E.D. Mich.......
-
The “Bring Your Own Device” To Work Movement: Engineering Practical Employment and Labor Law Compliance Solutions - May 2012
...that an employer must consider in determining whether an accommodation poses an undue hardship). 136 29 U.S.C. §§ 203(g), 207(a); 29 C.F.R. § 785.11. (“Work not requested but suffered or permitted is work time”). 137 29 C.F.R. § 785.12 (“If the employer knows or has reason to believe that t......
-
The Third Circuit Provides Guidance On Thorny FMLA And ADA Issues
...hours worked beyond an employee's regular schedule or off site count if the employer knew or had reason to know about them, citing 29 C.F.R. § 785.11. The court concluded that Nationwide only had constructive knowledge of a portion of Erdman's comp time – from September 2002 (when Erdman e-......
-
Department of Labor Issues New Guidance on Telework Under the Fair Labor Standards Act and Family and Medical Leave Act
...employees for all hours worked, including work performed in their home or otherwise away from the employer’s premises or job site. 29 C.F.R. § 785.11-.12. When it comes to breaks taken during the workday, the FLSA’s general principle that short breaks of twenty minutes or less are generally......
Request a trial to view additional results
3 books & journal articles
-
Fair labor standards act
...to believe that the employee was continuing to work, then the time is work time and it is compensable. Comments Source of Instruction: 29 C.F.R. §785.11. §6:205 Hours Worked The first issue you will have to decide is whether or not the activities at issue are “work.” When deciding whether a......
-
72 The Alabama Lawyer 462 (2011). Wage and Hour Myths:.
...Alabama offices of the United States Department of Labor have a policy to not become involved in private resolutions of FLSA claims. 29 C.F.R. § 785.11. Id. Reich v. Dept. of Conservation and Natural Resources, State of Ala., 28 F.3d 1076, 1082 (11th Cir. 1994). Brennan v. General Motors Ac......
-
A Fair Day's Pay for a Fair Day's Work': Why Congress Should Amend the Fair Labor Standards Act to Include an Actual Time Test for Retroactive Damages
...pay might necessitate an ‘average,’ the measure of compensable time is that actually spent . . . .”). 167. See supra Part II. 168. See 29 C.F.R. § 785.11 (2012) (“Work not requested but suffered or permitted is work time.”). As long as an “employer knows or has a reason to believe that” an ......