Updating regulations issued under the fair labor standards act good username for dating site
The Department of Labor (DOL), through the Presidential Memorandum on Updating and Modernizing Overtime Regulations, is proposing changes to “modernize and streamline” the Fair Labor Standards Act overtime regulations.
The screenings were not an intrinsic element of retrieving products from warehouse shelves or packaging them for shipment.
Initially, the federal district court dismissed the workers' case for failing to state a viable legal claim. Court of Appeals for the Ninth Circuit disagreed and reversed, holding that the screening was a postliminary activity, but was compensable because it was necessary to the warehouse work and for the benefit of the employer. Citing its long-standing interpretation of the Act, the Court stated that “the term ‘principal activity or activities’ [embraces] all activities which are an ‘integral and indispensable part of the principal activities.’” The Court held that under the Portal-to-Portal Act, employers were not required to pay workers for postliminary activities that were not integral to the workers' warehouse duties. Integrity Staffing did not employ its workers to undergo security screenings, but to retrieve products from warehouse shelves and package those products for shipment to Amazon customers.
The district court ruled that the security screening was a non-compensable "postliminary" activity under the Portal-to-Portal Act because it was not an "integral and indispensable part" of the warehouse duties the workers were hired to perform. In a succinct analysis, the Court concluded: The security screenings at issue here are noncompensable, postliminary activities. The security screenings also were not “integral and indispensable” to the employees’ duties as warehouse workers.
The RFI is the first step as DOL re-examines last year’s overtime rule and considers possible changes.
It will be important that HR’s voice and experience is heard by DOL as they pursue this process.A group of workers filed a class action in 2010 against the staffing company seeking unpaid wages under the FLSA.