Image Credit: Pixabay.com (https://pixabay.com/en/two-ginger-cats-licking-loving-650546/) We’re gonna try a new feature here at The Employer Handbook. It’s where I take a new U.S. Department of Labor Opinion Letter and tweak it as if someone is asking me for my opinion on the precise legal issue on which the DOL is being…
Image Credit: Pixabay.com (https://pixabay.com/en/autohaus-car-dealers-auto-sales-2138927/) Service Advisors at an auto dealership don’t get overtime They are salespeople, primarily engaged in servicing autos. A dictionary textual analysis It is all you need It’s wrong to construe FLSA exemptions narrowly. Really. That premise is flawed. The Ninth Circuit can pound sand, says the…
Yes, those are two of my children. (Not pictured: “Dad of the Year” Trophy) A little over two years ago, I blogged here about how the Fair Labor Standards Act and Family and Medical Leave Act may impact your business if it closes for a day due to inclement weather. Now…
By Ed Brown (Ed Brown) [Public domain], via Wikimedia CommonsWhat if I told you that conducting a wage-and-hour audit and discovering a Fair Labor Standards Act violation could save you money? “Uh, Eric. Is the air up there in the cloud getting thin?” Hear me out. The PAID program. Yesterday,…
When this happened, you knew that I had to do some celebrating. Twice. So, the fam and braved the long lines (during which my young children got quite a vocabulary lesson) and headed into Philadelphia on Thursday for the Philadelphia Eagles parade. Just us and a few million strangers. But, football season is over. I’ve…
Image Credit: Photofunia.com Who is still breathing a sigh of relief that the proposed U.S. Department of Labor overtime rules never took effect? Not so fast Pennsylvania employers. You may want to take a deep breath and start clutching your pearls. New Overtime Rules in PA On Wednesday, Pennsylvania Governor…
Image Credit: Photofunia.com Last week, the U.S. Department of Labor did more for employers than just revamp its internship test. It re-issued a slew of opinion letters to help employers with sticky wage-and-hour issues. I’ve highlighted a few of the more notable ones below. [Fair warning: We get kinda wonky by…
Image Credit: Photofunia.com On Friday, the U.S. Department of Labor announced here that it was changing its test for whether a company needs to pay its interns. Well, let’s take a step back. The Fair Labor Standards Act is a federal law that requires covered employers to pay non-exempt employees at…
I had one date circled — one date between now and the end of the year. Later this week, on November 17, Netflix releases Marvel’s The Punisher. If you’ve dorked out gotten culture with any of The Defenders series, then, like me, you’ve been chomping at the bit for this release.…
Image Credit: Pixabay.com (https://pixabay.com/en/wave-water-sea-tsunami-giant-wave-11061/) And here you thought you were so smart by getting all of your employees to agree to class-action waivers and binding arbitration of all employment-related claims. Maybe not so much. Death by a thousand paper cuts. Yesterday, I read this article from Jon Steingart at Bloomberg Law’s…