<![CDATA[hour violations - Gordon Law Group, LLP]]> https://www.gordonllp.com/blog/tags/hour-violations/ Tue, 21 Apr 2026 11:53:06 GMT en-us <![CDATA[FLSA Liability Follows Asset Purchase]]> https://www.gordonllp.com/blog/flsa-liability-follows-asset-purchase/ https://www.gordonllp.com/blog/flsa-liability-follows-asset-purchase/ Wed, 03 Apr 2013 01:10:20 GMT Companies are bought and sold on a regular basis, and a question often arises as to whether the new owner is responsible for wage and hour violations. The Seventh Circuit Court of Appeals , in Teed v. Thomas & Betts Power Solutions, LLC, looked at just such a situation where one company bought another company’s…

]]> Companies are bought and sold on a regular basis, and a question often arises as to whether the new owner is responsible for wage and hour violations. The Seventh Circuit Court of Appeals , in Teed v. Thomas & Betts Power Solutions, LLC, looked at just such a situation where one company bought another company’s assets at auction. The Court ruled that FLSA liability is imposed on a purchaser, even where there is an explicit contractual disclaimer, unless there is good reason to avoid it. The Court found that to rule otherwise would frustrate the statutory goals of the FLSA by, because a “violator could escape liability or at least make relief much more difficult to obtain.”

]]> <![CDATA[Klinghoffer Finally Rejected!]]> https://www.gordonllp.com/blog/klinghoffer-finally-rejected/ https://www.gordonllp.com/blog/klinghoffer-finally-rejected/ Wed, 30 Mar 2011 01:25:51 GMT All hours worked are important hours, and no employer shall fail to pay employees the minimum wage. But, what happens when an employer decides not to pay employees for certain working hours? Some courts have found that so long as an employee received at least the minimum wage, averaged out over all hours worked in…

]]> All hours worked are important hours, and no employer shall fail to pay employees the minimum wage. But, what happens when an employer decides not to pay employees for certain working hours? Some courts have found that so long as an employee received at least the minimum wage, averaged out over all hours worked in a workweek, that would be sufficient. But that rule virtually ensures that employers never have to pay their agreed hourly rate – a rule known as the Klinghoffer rule.

Finally, the Federal District Court in Massachusetts rejected this nonsense. Every hour is important. Finding that Congress sought to ensure that employees receive “a fair days pay for a fair day’s work,” the Federal Court in Massachusetts invalidated efforts by employers to avoid the minimum wage. So that where an employer chooses to skip paying for certain hours, those hours will be evaluated individually, and the minimum wage will be due for each unpaid hour. Employers can no longer hide behind the “averaging” rule that allowed them to average all hours paid over the entire workweek.

If your employer requires you to work off-the-clock, or simply refuses to pay for certain time, call us.

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