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Articles Posted in Employees

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How much time is there left for “Just In Time” scheduling? Maybe, not much.

Late last week, the District of Columbia advanced a bill aimed at ending “just in time” scheduling, where employers adjust employee work schedules for hourly workers — often within 24 hours or less —  based on consumer demand. Perry Stein at The Washington Post reports here that the “Hours and Scheduling Stability…

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The DOL may be slowing its roll on the new OT rules. But, you should act now.

Yesterday, I snuck this little doozie onto The Employer Handbook Facebook Fan Page. A delay in the new DOL OT rules? Lauren Weber of the Wall Street Journal also reported here that Solicitor of Labor, Patricia Smith, told an audience at the American Bar Association Labor and Employment Law Conference in Philadelphia…

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Another appellate court dropkicks the DOL’s unpaid-internship test

“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…

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Must you pay employees who “volunteer” to use social media for the company?

  I think I finally figured out how to monetize this stupid blog. 😉 Let’s fly out to Hawaii. Drums please. (By the way, in case you missed Friday’s post, here’s another little known fact about yours truly: I have seen EVERY episode of the Jack Lord Hawaii Five-O). Work-related blogging is…

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Third Circuit Employment Law 101: Independent Contractor or Employee

Back 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…

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If you thought you knew when to pay (or not pay) an intern, think again.

A federal appellate court just blew up the U.S. Department of Labor’s spot. Allow me to explain in slightly less colloquial fashion. Fart, #themoreyouknow, YOLO (There, out of my system…) The DOL six-part internship test. In 1947, the U.S. Supreme Court recognized (here) that certain unpaid workers should not be treated…

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Just how nervous should companies be about FLSA lawsuits over employee smartphone use? (Hint: very)

“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…

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We now have an employee/independent contractor test in NJ for wage and hour

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…

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The hella-best post you’ll read today on yesterday’s Supreme Court employee-pay opinion

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…