Calculating Wages Owed Is Tricky Endeavor, Experts Say

Friday, November 15, 2024

Arielle Eisenberg was quoted in a Law360 article recapping key principles guiding wage and hour best practices discussed at the American Bar Association's annual Labor and Employment Law Conference. One key discussion involved a hypothetical scenario featuring Rose Syracuse, the longest-serving Macy’s employee, which highlighted the challenges of calculating a worker’s regular rate of pay and determining compensable time.

In the scenario, Rose arrives early before her shift, raising the question of whether that time should be compensable. While others argued that her early arrival was permissible since she clocked in in her boss's office, Arielle explained that the location of clock-in didn’t matter due to the de minimis principle. She noted, "The FLSA is not concerned with the minutiae of time spent, like booting up a computer for a couple of minutes here and there. As a management attorney, I don’t care where she clocks in if she then spends 20 minutes at Starbucks." The goal of exploring complex compensation issues was to clarify wage dispute guidance, ensuring workers' rights and employer compliance with wage laws for fair compensation.

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