Articles Posted in Employees

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

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…

* * *

Continue reading

When you’re part of the bloggerati, just one half-step below the illuminati, well, let’s just say membership has its privileges. AMEX taupe card, rinkside seats to the local roller derby, earlybird specials, the world is your oyster.

And, at work, the staff sees me coming and runs the other way throngs to my office. Indeed, it’s gotten so bad, that we had to install security machines to control ingress and egress. While my firm can’t wait for me to jump ship loves the attention that my blog brings — remember you can vote for my blog in the ABA Blawg 100 — the folks who sign my mega-paycheck expressed concern that it would also have to compensate our non-exempt employees for the spent clearing security.

Thankfully, yesterday, the Supreme Court, in this opinion, unanimously ruled that the time these folks spend clearing security is not compensable under the Fair Labor Standards Act. That’s because the time our staff spends waiting in line to clear security is neither indispensable nor integral to their principal activities in the office. They get paid to do legal work; not wait in line. And, absent the security, these folks could still do their jobs. And, even though my firm requires our awesome staff to clear security because of my blogging greatness and related fame and notoriety, the Portal-to-Portal Act exempts employers from FLSA liability for this this preliminary and postliminary time.

Although in reality, our firm had no direct stake in yesterday’s SCOTUS ruling, and I made up everything in this post, except for the SCOTUS opinion, hopefully, you’ve learned a thing or two about the FLSA and compensable time.

daylightsavings.jpegYesterday, I read this post from Sara Hutchins Jodka at Employer Law Report about how to pay employees for Daylight Savings Time work and comply with the Fair Labor Standards Act.

Then I ate a big bowl of pulled pork and I thought to myself, “Damn, I’m feeling lazy tonight! With the bazillion posts that I’ve published — and for which none of my freeloading readers have ever offered to pay — there must be a Daylight Savings FLSA post I can recycle.”

…and

I bring you, the aptly titled: “CHEATSHEET: How to pay employees for Daylight Savings Time work.”

Spladow!

Welcome everyone to the Employment Law Blog Carnival. What you’ll find after the jump is the best, recent posts from around the employment-law blogosphere all organized around a common theme.

So, yeah, we need a theme.

[Lousy blog rules]

Two years ago, we spun some tunes with the “Employment Law Blog Carnival: Jukebox Edition.” That featured such hits like “If You Love HIPAA, Let Me See You Twerk It” and a Sex Pistols B-side hidden track about social media policies.

Last year, I went with the “Employment Law Blog Carnival: Hollywood Casting Call Edition.” To the casual internet user, my writing in that post may have seemed, oh, what’s the word, “deranged”? Here is an actual quote:

Stuart Rudner blogs “When trust has been destroyed: Just cause for dismissal.” The Canadian adaptation, “Haste Makes Waste,” is set for release next year and stars Dustin Diamond as Wayne Gretzky. No, not that Wayne Gretzky. Just some guy who plays a total screw-up and happens to have the same name as the “Great One,” which, in turn, helps him to keep his job.

But, to you, my fans, you recognize it as something more than the product of some bad salmon I ingested just before a marathon two-finger typing session. It’s gold!

So, mainly since my brain is fried from churning out this drivel — free drivel — every weekday, let’s stick with the Hollywood theme. How about the Employment Law Blog Carnival: Hollywood Villains Edition? Hannibal Lechter would approve, I’m sure. You may even see him after the jump.

So grab some liver, fava beans and nice chianti and click through to read the carnival offerings…

* * *

Continue reading

It’s that time of year.

unpaidintern1.jpg

You’re hiring summer interns and I’m shaving a spoked B into my playoff beard looking for an excuse to recycle my six keys to keeping unpaid internships from becoming a hot wage & hour mess.

See what I just did there?

Oh, you saw the lede and thought I was actually going to give you 28 ways?

See what I just did there?

Oh, quit your whining. Here are 22 others:

    Are we up to 28 yet?

    Close enough.

    Update: I feel bloated awful about shorting you on the the summer intern links. So, here is the latest edition of the Employment Law Blog Carnival: The Summer Blockbuster Edition. Thank you for hosting, Jon Hyman.

    unpaidintern1.jpgYesterday, I presented “Reducing the Risk of Wage and Hour Litigation” with my partner, Jennifer Platzkere Snyder, at ALM’s In-House Counsel Labor and Employment Law Forum. We talked best practices, common mistakes, and Supreme Court.

    We also dipped into some hot issues, the hottest of which, by far, based on audience engagement, was unpaid internships. Oh boy, is it easy for companies to potentially screw up unpaid internships. Just ask Charlie Rose and Harper’s Bazaar

    Want to get ’em right without running afoul of the Fair Labor Standards Act. Six steps to success follow after the jump…

    * * *

    Continue reading

    After the jump, you’ll meet Karenza Clincy. She, along with other “nude, female exotic dancers,” sued The Onyx (safe for work), an Atlanta Nightclub, for wage and hour violations. The club claims that the dancers are independent contractors. The plaintiff-dancers claim that they are employees — and employees get minimum wage and time-and-a-half for overtime.

    Who wins? We all do. Hit the jump for a trip down to the A-T-L (feat. Ludacris) and — what the heck were we talking about — oh yeah, the answer to some legal question…

    Continue reading

    In an unpublished opinion, the Third Circuit Court of Appeals denied a Pennsylvania company’s attempt to enjoin a former employee, who had entered into several restrictive covenants with the company, to compete directly against the company and solicit its customers.

    What did this employer do wrong and how can you learn from its mistakes?

    After the jump…

    * * *

    Continue reading