In Barnes v. Vibra Healthcare, LLC, No. 14-CV-5678 (D.N.J. May 26, 2015), the U.S. District Court for the District of New Jersey denied the employer’s motion to dismiss the plaintiff’s claim brought under the Family and Medical Leave Act (FMLA) on the threshold issue of whether the plaintiff was an “eligible employee.” The employer submitted the plaintiff’s time records in support of its argument that the plaintiff did not meet the requirement that she worked 1,250 hours in the 12-month period preceding the medical leave. The plaintiff disputed the accuracy of the defendant’s time clock, and after the defendant conceded that the clock did not always function properly, the court refused to credit the employer’s time records and held that the plaintiff was entitled to discovery on her FMLA claim. One more reason for employers to confirm their time clocks are working accurately and their timekeeping policies are followed!
The Third Circuit Court of Appeals found that defendant Union violated the federal Driver’s Privacy Protection Act, by accessing a group of employees’ motor vehicle records as part of a long-running union organizing campaign. Union officials watched the company’s parking lot and recorded the license plate numbers on the cars.
On June 10, 2021, simultaneous with the issuance of its Emergency Temporary Standard (ETS) for COVID-19 focusing on healthcare employers, the Occupational Safety and Health Administration (OSHA) released its new COVID-19 guidance for all industries not covered by the ETS.
Employee Not Entitled to Compensation for Time Spent Commuting to and from Job Sites and Home in Company Vehicle While Carrying Company Tools
In a recent decision, the Connecticut Supreme Court found that a plumbing foreman was not entitled to compensation for the time he spent commuting to and from job sites and his home at the beginning and end of his workday, even though he used a company vehicle and carried his employer’s tools to and from