On May 9, 2023, the U.S. Department of Labor ("DOL") secured a $22 million dollar award against a Pennsylvania employer in connection with claims brought by approximately 7,500 workers for unpaid time spent on pre-and post-shift activities.
The FLSA is governed by the Portal-to-Portal Act amendments ("PPA"), codified at 29 U.S.C. § 254(a)(2). Under the PPA, employers are generally not obligated to compensate employees for time spent on activities that occur before or after their principal job duties, except for tasks that are deemed "integral and indispensable" to those principal activities. The interpretation of what constitutes "integral and indispensable" has been a subject of dispute, leading to litigation in recent years over activities such as bag checks, security screenings, transportation from parking lots to job sites, and COVID-19 health screenings, among others.
In 2018, the DOL filed a lawsuit against East Penn Manufacturing, a lead battery manufacturer, alleging that the company had failed to pay wages for various activities performed by non-exempt employees. These activities included changing into uniforms, putting on and removing personal protective equipment, and showering after shifts. The DOL argued that these activities were indeed integral and indispensable to the employees' battery manufacturing work, which involved exposure to toxic materials like lead, cadmium, arsenic, sulfuric acid, and ammonia. East Penn countered by asserting that these measures...
The Dangote Group has become aware of a publication titled “Aliko Dangote Speaks Out on Why He Distanced Himself from Tony Elumelu,” which is false, malicious, and baseless. At no time did the Pre...