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Articles Posted in Wage and Hour

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Do you force employees to arbitrate class-action claims? Then, you should read this…

  As I think about all of the agreements with arbitration provisions that I’ve drafted for clients over the years. ***wipes brow, tugs collar, clutches pearls***  Certain arbitration agreements may blunt certain federally-protected rights employees have to discuss working conditions with one another. The National Labor Relations Board is not fond of…

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The new DOL overtime rules are here. You’ve got HR questions? I have answers!

Last night, the U.S. Department of Labor published its final rule updating the Fair Labor Standards Act overtime regulations. Unless you’ve been living under a rock, if you dabble in human resources, you’ve heard a thing or two about these changes, which the White House has touted as automatically extending overtime pay…

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If this FLSA mess doesn’t have you calling your employment lawyer, not sure what will.

The U.S. Department of Labor announced on Monday that “a human resources outsource provider will pay $1 million in back overtime wages and damages combined to hundreds of employees after a U.S. Department of Labor investigation that found widespread Fair Labor Standards Act violations.” So what did a human resources provider…

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The proposed DOL overtime rules are a walk in the park compared to this new “wage theft prevention” bill

  Businesses will be like… That’s because, earlier this month,  Senator Patty Murray (D-WA), top Democrat on the Senate Health, Education, Labor, and Pensions (HELP) Committee, Senator Sherrod Brown (D-OH), and Representative Rosa DeLauro (D-CT), introduced the Wage Theft Prevention and Wage Recovery Act. According to this HELP press release,…

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HR101: It’s bad to withhold overtime pay until the employee submits to demands for sex

Call it a rule of reason. Or, maybe, it just doesn’t pass the smell test. We could even file this under “Just Sayin’.” And, of course, it would fracture a few laws, among others, the Fair Labor Standards Act. [Cue music] In Maphurs v. Cooling Tower Systems, Inc. (opinion here), the plaintiff claimed…

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Unreported hours worked may count towards FMLA-eligibility hours. Wait…WTH!

1,250 hours. An employee needs to have worked at least 1,250 hours during the 12 months prior to the start of leave under the Family and Medical Leave Act to be eligible to take qualified leave. A few years ago, I blogged here about a case involving a teacher denied FMLA…