Tag Archives: “off-the-clock time”

Time Study Kills Off-the-Clock Claim

By Greg Mersol on October 13, 2017 Posted in Off-the-clock, Overtime Claims

In many cases, particularly in light of last year’s decision in Tyson Foods, Inc. v. Bouaphakeo, it is the plaintiff who tries to use statistical evidence in an off-the-clock case to estimate damages (we blogged the Tyson Foods decision here. But that same data may not only be used by the employer but also can … Continue Reading

Florida District Court Denies Conditional Certification in Off-the-Clock Case

By Greg Mersol on July 27, 2012 Posted in Conditional Certification, Wage and Hour

Courts often cite the generally lenient standard for conditional certification, but that standard, like any other, has its limits. In Holmes v. Quest Diagnostics, Inc.pdf., Case No. 11-80567 (S.D. Fla. June 14, 2012), the plaintiffs sought to represent a class of phlebotomists for Quest Diagnostics nationwide. They claimed that the company essentially required off-the-clock time … Continue Reading