If this proposal becomes reality, the EEOC must understand that it’s not one size fits all.
Under the FLSA, it is the employee’s burden to show that he or she was working during non-working time.
Retailers or other employers using the practice of on-call shifts should carefully review each state’s laws where they do business.
Benefit payments made to employees that require the employee to perform work must be included in the regular rate for determining the rate of overtime.
We see that at least one mega-industry is willing to shield its employees from the Cadillac tax and you have to ask, how can they do that?
As Garcia v. SAR Food of Ohio illustrates, if you fail to pay under these circumstances, you are taking a huge wage-and-hour risk.