On Wednesday, the U.S. House of Representatives voted 223-204 to pass the Working Families Flexibility Act of 2013, which would amend the Fair Labor Standards Act to permit employers to provide compensatory time off in lieu of monetary compensation for overtime hours worked. Presently, through the Federal Employees Flexible and…
Articles Posted in Wage and Hour
Employee caught in a pick, Supreme Court scratches her FLSA claims
** drops microphone, walks off stage ** Fine, I’ll play a quick encore. In a case decided yesterday, the U.S. Supreme Court in Genesis Healthcare Corp. v. Symczyk (opinion here) held that if a plaintiff who brings a claim under the Fair Labor Standards Act on behalf of herself and…
CHEATSHEET: How to pay employees for Daylight Savings Time work
This Sunday, Daylight Savings Time begins, as we push the clocks forward one hour at 2:00 AM on March 10, 2013. Did someone say Clocks? How does the time change affect the manner in which you pay hourly non-exempt employees who work the graveyard shift? I’ll let the Department…
@Eric_B_Meyer on DriveThruHR #dthr
Have you checked out DriveThruHR yet? DriveThruHR is the baby of Bryan Wempen and William Tincup, a half-hour radio show on which these two HR leaders, along with a guest, discuss the latest trends, thoughts and sentiment within the industry. Yesterday, I was on DriveThruHR, Human Resource’s #1 Daily Radio,…
Supreme Court to determine what “clothes” are under the FLSA.
With a title like that, this post could only arouse the interest of an employment lawyer. But, all of y’all should pay attention. Under the Fair Labor Standards Act, the period of time during which a covered employee must be paid begins when the worker engages in a principal activity. Putting…
Manager’s drunk Facebook threats + Boss’s Buddha blogging = retaliation claim?
No body shots here; just a swift federal court kick to Coyote Ugly’s social-media jewels. You get the ice. I’ll pour a double and serve up the details after the jump… * * * Stewart v. CUS Nashville, LLC is a Fair Labor Standards Act action in which a bunch…
By far, the WORST job in America (allegedly, of course)
No doubt, an early contender for 2013. Kind’ve like The Lincoln Lawyer — except way less glamorous and with far more bounced paychecks and ejaculate. Yes, definitely more of those. Allegedly. Read all about it here.
When can an employer require an exempt employee to take unpaid leave?
Like most employers, you likely have a workforce comprised of both non-exempt and exempt employees. Under the Fair Labor Standards Act, non-exempt employees who work more than 40 hours in a workweek must be paid OT. Employers don’t need to pay OT to exempt employees. Let’s assume that, each year,…
Paying banana boxes of food as OT is not an a-peeling option
[brrrring brrrring] “Eric Meyer.” “Uh, yeah, Eric. I just learned that we’ve got facilities managers who have been working overtime ‘off the clock’ and….” “Off the clock, you said?” “Yeah, and instead of paying time-and-a-half—“ “Yes……” “We’ve been giving them banana boxes.” “Did you say, banana boxes?” “Yes.” “Hold please.”…
An HR guide to the workplace implications of Hurricane Sandy
I’m punching out this post on Sunday night, from my home in Philadelphia, before the brunt of Hurricane Sandy strikes. Like many of you, I’m locked, stocked, and ready to go, hoping that the impact is far less than is forecasted and the recovery is easy. Inevitably, however, for you…