Labor Relations Information System (LRIS), the information resource for public sector labor and personnel issues, has posted a podcast featuring an interview with firm Counsel Peter F. Berk on Rosano v. Teaneck, a significant FLSA case coming out of the federal Third Circuit Court of Appeals. In this case, Genova Burns secured a significant precedential victory for its client the Township of Teaneck; the suit was originally filed in 2009 by 88 police officers who claimed Teaneck failed to pay proper overtime, failed to provide compensation for time spent attending daily roll calls, and failed to provide compensation for time spent donning and doffing uniforms and equipment each day. The three-judge appeals court panel affirmed the decision to grant Teaneck summary judgment on the police officers’ claims and refused to revive a Fair Labor Standards Act lawsuit brought by the police officers. The decision found that Teaneck had qualified for an exemption to the FLSA’s overtime provisions and that the officers were precluded from seeking pay for donning and doffing time.
Mr. Berk, a member of the Employment Law & Litigation Practice Group, represents employers in a broad range of employment law litigation matters in state and federal court involving claims of discrimination, harassment, wrongful termination, whistle-blowing, wage and hour laws, employment-related torts, violations of restricted covenant and claims of unfair competition, theft, and/or disclosure of trade secrets. He also counsels employers on a wide range of human resource issues, including the drafting of employment contracts, restrictive covenants and severance agreements.