Articles Posted in Wage and Hour

Hey lawyer! Drop the selfie stick and slowly back away…

Somewhere between the time that I took this selfie at the start of my FMLA/ADA session at the 2015 SHRM Annual Conference, and a few minutes later when the laptop with my PPT lost power (so, right when my bowels gave out heart sank and I openly wept), the US Department of Labor decided it was time to propose some new overtime rules.

What can I say? The gods of good timing really pissed in my Cheerios yesterday.

(Special shout-out to the SHRM IT support team that had me up and running again with a minute, and to the awesome SHRM audience that never lost faith in the kid).

Here’s a brief recap of the proposed OT rule change: Continue reading

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In March 2014, President Obama announced (here) that he would seek to revamp the Fair Labor Standards Act as it applies to overtime, “particularly for executive, administrative, and professional employees (often referred to as ‘white collar’ exemptions).” You can also read my post about the President’s announcement here.

And yet, here we are over a year later and the Department of Labor has yet to issue proposed regulations for public comment — let along the final updated regs. Continue reading

I’ll even treat. Ok, it’s free.

Seriously, if you don’t yet have plans today for lunch (or, for you in the West, breakfast, or whatever it is you do out there at 9 am), register here for a free SHRM webcast entitled “FLSA: Stay Safe Now and in the Future.”

It’ll be Wage and Hour 101, a great offering for HR generalists and others who need to learn (or brush up on) the FLSA basics, and don’t mind being lectured by a blogging employment lawyer in his mismatched socks and pajamas. In this webcast, you’ll learn best practices for employee classification, wage and hour compliance, and recordkeeping. You’ll also get advice for conducting self-audits of your company’s practices and what to expect from the Department of Labor when regulations are issued.

See you in a few hours…

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Once is happenstance. Twice is coincidence. Three times is enemy action.”

(I’m pretty sure that was from Ferris Bueller)

Yesterday, in the Wall Street Journal, I read Lauren Weber’s article “Can You Sue the Boss for Making You Answer Late-Night Email?” And the answer is yes, provided that you are a non-exempt employee under the Fair Labor Standards Act and the time you spend answering that email is more than a few minutes a week.  It’s no different than when an employee checks company email at work. Work is work. Employees get paid to work. Continue reading

Let’s start this post off with a disclaimer:

People! I’m just a man; not a god.

I’m going to address travel time under the Fair Labor Standards Act. Many of you folks live in crazy states, like New York and its crappy basketball team, which is even worse than the Sixers. I didn’t know that was possible, that have more lenient state versions of the Act. I’m not giving any advice about state laws or local laws. Heck, I’m not giving any legal advice at all. The blog’s general disclaimer applies with equal force to this post.

Now, let’s get to it… Continue reading

I’ve gotta hand it to the company in this recent federal appellate court opinion. The company almost — soooooo close — avoided several claims for unpaid overtime.

Let me set the stage for you. So, there I was wearing nothing but feathers and a coy smile. Back in 2011, the U.S. Department of Labor began investigating a complaint that a marketing company had misclassified some employees and failed to pay overtime. During the DOL investigation, the company sent the employees checks for back wages. Each check bore the following note in fine print:

“full payment from Actinlink [sic] or [sic] wages earned, including minimum wage and overtime, up to the date of the check.”

A bunch of employees deposited these checks. So, the marketing company claimed that, voila, those employees had agreed to waive their right to any additional back pay. Continue reading

Do you know how hard it is to come up with 17 kick-ass action movie quotes for a single blog post?

I don’t think you do! Folks, it’s not all Yippee-ki-yay, motherf*&^er! For discretion is the better part of valor. The subtleties and nuances of selection (John Matrix – yes; John Kimble – no) most of you just wouldn’t understand. It’s beyond your ken.

Indeed, some would consider what I pulled off yesterday to be God-like. Others, not so much. But, those folks should repent. #justsayin. Bottom line: On the fifth day — at least this week, on the heels of an #ELBC — Eric rests.

Fortunately, my colleagues have prepared this Fair Labor Standards Act lovely: Tips You Need to Avoid Tipping Headaches.

Enjoy.

More specifically, as posed in this recent federal court decision, “when an employer requires an employee to attend alcohol counseling and treatment sessions as a condition of keeping her job, must the employer compensate the employee for the time she spends in counseling and treatment?”

The three plaintiffs, NYPD police offers, identified three aspect of counseling that they claim they were required to undertake: (1) inpatient counseling at a residential treatment facility (with respect to one plaintiff); (2) outpatient counseling during regularly-scheduled work hours; and (3) outpatient counseling after regularly scheduled work hours. All three were paid their regular wage while in counseling. However, none of these employees received overtime.

More after the jump…

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I had every intention of watching the President address the Nation last night. I really did.

But, then I got sucked into the Director’s Cut of The Harlem Globetrotters on Gilligan’s Island, the one where the Washington Generals show up first and replace all the confetti with lice. Then poor Lovie Howell takes some shrapnel and, frankly, I didn’t realize that Thurston could order a hit squad so quickly to a remote Island.

By the time I remembered the SOTU, the Harlem Globetrotters were busting out a ladder — sorry, Krusty — and que sera.

Fortunately for me, and, by extension, you, the White House printed a copy of the SOTU, which I could cut and paste expertly analyze for you after the jump…

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Oyez oyez.

The New Joisy Supreme Court just fashioned a test to determine whether a worker is an employee or an independent contractor for purposes of resolving a wage-payment or wage-and-hour claim. And, shockingly, it doesn’t involve jughandles, diners, or Taylor Ham.

(I live in NJ now, so I can say that stuff and get away with it).

I’ve got all the details after the jump…

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