Jeremy Glenn was quoted in a Law360 article discussing a recent New York federal court ruling that found the state's wage-and-hour law incorporates certain federal exclusions under the Portal-to-Portal Act for pre-shift and post-shift activities. The decision differs from recent rulings by several state supreme courts, including those in Illinois and Connecticut, that found their respective wage laws do not incorporate the federal exclusions.

Regarding why the New York court reached a different conclusion than courts in other states, Jeremy explained that "the language and the words in the New York law and the legislative history and regulatory materials were different. The New York court didn't have to reject either the Illinois or Pennsylvania readings of those states' laws. This judge read New York's own words."

Jeremy also noted that the case involved employee walking time rather than security or health screenings, stating, "A pure walk-time claim doesn't have the same appendages as security screening or health-symptom screening."

Jeremy additionally observed that if New York's highest court ultimately rules on the issue, the legislature could still amend the law, noting, "If the New York [high court] makes one decision, the Legislature would be free to specifically amend the statute and could change the outcome."

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