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The Employer Handbook Blog

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Travel, Tools, and Waiting Time: What the FLSA Really Requires Employers to Pay

  Wage-and-hour disputes often come down to one deceptively simple question: when does paid work actually begin? A recent Eleventh Circuit decision draws some clear – and employer-friendly – lines around travel time, tool time, and waiting time under the Fair Labor Standards Act. TL;DR: The Eleventh Circuit held that…

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The FTC Continues Cracking Down on No-Hire Agreements

No-hire agreements have quietly lived in vendor and service contracts for years. The FTC has now made clear that they are an active antitrust enforcement target. TL;DR: The Federal Trade Commission entered a consent order prohibiting a company from using no-hire agreements in customer contracts. The FTC treated those provisions…

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Why Constructive Discharge Is Harder to Prove Than Employees Think

Constructive discharge is one of the most misunderstood concepts in employment law. Employees often assume that feeling sidelined, embarrassed, or treated unfairly is enough to turn a resignation into a legal claim. Courts, however, continue to apply a far stricter standard – one that looks past discomfort and focuses on…

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Temporary Light Duty Isn’t a Permanent Job (Even If It Works for a While)

Employers often worry that a good-faith effort to keep an injured employee working will later be used against them as proof they “could have accommodated” the employee indefinitely. A recent Sixth Circuit decision draws a clear line between temporary flexibility and permanent obligation. TL;DR: The Sixth Circuit affirmed summary judgment…

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Courts Are Not Super-Personnel Departments (And This Promotion Case Proves It)

Courts see plenty of promotion disputes that boil down to one familiar complaint: I should have gotten the job.The Fourth Circuit just explained why that argument usually is not enough. TL;DR: In a published decision, the Fourth Circuit affirmed summary judgment for an employer facing a Title VII failure-to-promote claim.…

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Part Three: You Can’t Contract Away Work Time – and Overtime Rules for Commissioned Employees

On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division issued six opinion letters addressing a range of FMLA and FLSA issues. This post – part three of a three-part series – covers the final two letters, both under the FLSA, and both aimed at assumptions employers…