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Articles Posted in Wage and Hour

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Coming this Summer, FLSA independent-contractor guidance from the DOL

In March 2014, President Obama announced (here) that he would seek to revamp the Fair Labor Standards Act as it applies to overtime, “particularly for executive, administrative, and professional employees (often referred to as ‘white collar’ exemptions).” You can also read my post about the President’s announcement here. And yet, here…

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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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When employees cash paychecks stamped “full payment,” are their OT claims waived?

I’ve gotta hand it to the company in this recent federal appellate court opinion. The company almost — soooooo close — avoided several claims for unpaid overtime. Let me set the stage for you. So, there I was wearing nothing but feathers and a coy smile. Back in 2011, the U.S. Department…

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Must you pay an employee for mandatory alcohol treatment?

More specifically, as posed in this recent federal court decision, “when an employer requires an employee to attend alcohol counseling and treatment sessions as a condition of keeping her job, must the employer compensate the employee for the time she spends in counseling and treatment?” The three plaintiffs, NYPD police offers,…

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#SOTU and the #Workplace: A full debriefing of last night’s Presidential address

I had every intention of watching the President address the Nation last night. I really did. But, then I got sucked into the Director’s Cut of The Harlem Globetrotters on Gilligan’s Island, the one where the Washington Generals show up first and replace all the confetti with lice. Then poor Lovie…

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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…