A recent decision made by the 10th Circuit Court of Appeals found that an employer did not violate the Fair Labor Standards Act due to the employee’s failure to utilize the employer’s time keeping requirements.
The employee alleged that he performed work from home and was not compensated for the time. However, the employer did have time keeping measures in place that the employee failed to use when performing work from home. The Court found that was not a violating of the Fair Labor Standards Act.
The lesson learned from this is that employees must follow the time keeping requirements of the company. Despite the employee performing the work, the employer must learn about the work and the employee must utilize the time reporting requirements of the employer. This case is not controlling in New Jersey State of Federal Law.
If you believe that you made have a claim for a NJ overtime lawsuit, please call our NJ Overtime Lawyers at Castronovo & McKinney to discuss your matter in detail at 973-920-7888 or fill out our confidential contact form to get assistance.
About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.
Thomas A. McKinney, Esq. is an experienced New Jersey Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. If you have questions about this article, contact Thomas today by clicking here.
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