Let’s start this post off with a disclaimer: People! I’m just a man; not a god. I’m going to address travel time under the Fair Labor Standards Act. Many of you folks live in crazy states, like New York and its crappy basketball team, which is even worse than the Sixers.…
Articles Posted in Wage and Hour
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…
Tips You Need to Avoid Tipping Headaches
Do you know how hard it is to come up with 17 kick-ass action movie quotes for a single blog post? I don’t think you do! Folks, it’s not all Yippee-ki-yay, motherf*&^er! For discretion is the better part of valor. The subtleties and nuances of selection (John Matrix – yes; John Kimble…
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,…
#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…
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…
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…
An app to stop employees like #AlexFromTarget from checking work email
Today’s post is brought to you by the letters S, E, and O. With a tip of the hat to whomever posted a link to this story on Twitter, it got me reading about this app that companies can install on employees’ smartphones and tablets that would preclude them from accessing…
NLRB may encourage your employees to file OSHA, FLSA claims too
Last week, the National Labor Relations Board issued this memorandum in which it has instructed regional offices to encourage employees to file complaints with the United States Department of Labor if the the regional NLRB office “believes that an employer may have violated a substantive or anti-retaliation provision of [OSHA]…
Another PA court concludes that “fluctuating workweek” is dead in PA
It’s been a rough year for RadioShack. One that, for me, came out of nowhere. That Super Bowl commercial was freaking brilliant! (Second only to this one). So, of to a great start in February, I thought things were looking up for RadioShack. But, then they announced they were closing…