Articles Posted in Employees

Fire Ant's missile dropkick

“So, dynamic, Eric. Is there anything you can’t do?”

Oh, hey there. Didn’t see you come in. You probably didn’t come here to read about Law360 naming me one of the 20 attorneys who are killing it on Twitter. (You can follow me here).

No, you’re looking for some Fair Labor Standards Act goodies. Well, I’ve been known to “prolifically tweet[] about news and issues affecting labor and employment, from links to interesting articles to posting [my] personal take on developing stories.” In case you didn’t know. But, enough about my Twitter crown. Let’s keep it here at the award-winning The Employer Handbook, and talk about internships.

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Chalkboard eraser, Waldorf School, East Lexington MA.jpgBack when I first started this blog, when I believed that my blogging success would translate into Aston Martins and beach homes, rather than “Can you please email me a copy of your FMLA PowerPoint?”, I had a series of “Third Circuit Employment Law 101” posts. Well, I don’t think I’ve done a “101” post for nearly 5 years. Time to break that streak.

Oh, hold on a sec, I need to respond to another PowerPoint-request email…

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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

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…

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