Law360 Quotes Patrick Madden on Third Circuit FLSA Gap Time Decision

Patrick Madden, a partner in the firm’s Labor & Employment group, was quoted in the Law360 article, "5 Major Wage And Hour Rulings So Far In 2026," which examines several significant wage-and-hour decisions issued during the first half of 2026.

Commenting on the Third Circuit's decision in Secretary United States Department of Labor v. Comprehensive Healthcare Management Services LLC et al., Patrick discussed the court's precedential ruling that the Fair Labor Standards Act (FLSA) does not provide a remedy for unpaid straight-time, or "gap time," wages in workweeks where an employee's average hourly pay still exceeds the federal minimum wage.

He noted that while the decision seeks to provide clarity on an issue that has been litigated for decades, it also raises questions that many federal courts have previously avoided addressing. Patrick observed that there is a split in the courts of appeals and the ruling "is directly addressing an issue that a lot of courts of appeals have specifically avoided," highlighting its potential for possible Supreme Court review and significance for future wage-and-hour litigation.

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