FLSA Doesn't Apply To Gap-Time Claims, 2nd Circ. Rules

Law360, Washington (March 1, 2013, 5:59 PM EST) -- The Second Circuit on Friday affirmed a decision to throw out a putative class action against several Long Island health providers for failing to pay overtime and gap-time wages, and determined the Fair Labor Standards Act does not provide for gap-time claims.

Although the three named plaintiffs, a respiratory therapist and two nurses, alleged they weren't paid for skipping meal breaks, attending training or working before and after their scheduled shifts, a three-judge panel blasted many of their allegations as “nothing but low-octane fuel for speculation,...
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