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The Employer Handbook Blog
Articles Posted in Overtime
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…
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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….”
Kiss the “fluctuating workweek” OT method goodbye in PA
mmmmmmmmmmmmwah!
What is the fluctuating workweek method of overtime compensation? Why is it no longer good in PA? And why should you care?
I answer all of these hard-hitting questions — like a BOSS — after the jump…
Peanut butter cups for everyone! Thank you, Third Circuit!
After seeing Fatboy Slim perform in a bubble at the Olympics Closing Ceremony, I had trouble falling asleep last night.
I tossed. I turned. But, I eventually drifted off into a deep sleep; a wonderful slumber. I dreamt that the Third Circuit Court of Appeals decided two cases under the Fair Labor Standards Act (FLSA), and then I blogged about them in a single blog post. Like peanut butter and chocolate, it was the Reese’s Peanut Butter Cup of blog posts.
What a sweet, decadent dream. Or was it a dream? Find out after the jump…
[Hint: no dream, no chocolate, just two FLSA decisions (one of which I’ll blog about tomorrow, because I ramble a bit after the jump, much like I’m droning on now). Maybe this is all just an excuse to play Katy Perry. Yeah, this all makes sense. About as much as having Russell Brand sing “I am the Walrus” from on top of a psychedelic VW bus in front of a worldwide audience of millions. Just jump.]
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Retaliatory voodoo, Courtney Love, and lots of unpaid $$$
Sounds like a bad batch of Pennyroyal Tea. Just another Tuesday here at the ole Handbook.
<div style=”text-align: right;”>The San Francisco Chronicle is reporting here that Courtney Love, Kurt Cobain’s widow, is reuniting the band ** thank you for sparing our ear holes ** being sued by a former assistant seeking, among other things, unpaid overtime. The plaintiff also claims that Love asked her to perform voodoo rituals ** not yet, next paragraph ** unethical duties such as hiring a hacker and forging legal correspondence. The San Francisco Employment Lawyer Blog has more on this case here.
From Hole to holes in a doll pin-cushion, with a hat-tip to @ChaimBook, the Madison St. Clair Record reports here that a Wisconsin woman is suing her former employer for sexual harassment and retaliation. The plaintiff claims that she was forced to look at nude female magazines, calendars and sexually explicit language used by her co-workers and direct supervisor. Fairly standard sexual-harassment fare. What makes this case blogworthy is that, after she complained, the plaintiff allegedly suffered retaliation in the form of two voodoo dolls in her desk, one of which had a black pin stuck into her chest.
Pennsylvania to relax OT requirements for hospitals
Last week, Pennsylvania’s Governor, Tom Corbett was presented with this bill that will allow hospitals and other medical care facilities in Pennsylvania to better control the scheduling of employees to control payment of overtime. Details after the jump…
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Healthcare, what? Eyeball 3 other pending employment law bills
I heard that there was some Supreme Court decision yesterday about healthcare. Want the scoop? Google it.
They zig, I’ll zag with the scoop on some other pending employment-law legislation of which employers should take note…after the jump…
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Supreme Court: No overtime pay for pharmaceutical sales reps
Under the Fair Labor Standards Act, a company must pay overtime to non-exempt employees who work over 40 hours in a particular workweek. Non-exempt, huh? That implies that the FLSA also contains various exemptions from overtime pay for employees who meet those requirements. Indeed it does. One of those exemptions is called the “outside sales” exemption. To qualify for the outside sales employee exemption, all of the following tests must be met:
- The employee’s primary duty must be making sales (as defined in the FLSA); and
- The employee must be customarily and regularly engaged away from the employer’s place or places of business.
The pharmaceutical industry is chock full of sales representatives whose job it is to go to doctors’ offices and convince physicians to place orders with drug makers. However, these sales reps never actually transfer title to the drugs. That is illegal in the drug industry.
So then, the question is, do these sales reps qualify for the FLSA’s outside sales exemption? Well, funny you should ask, because that’s what the Supreme Court decided yesterday (here). Details after the jump…
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Paycheck Fairness Act fails in the Senate, plus other news…
Billed as a way to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, the Paycheck Fairness Act, did not make it out of the Senate yesterday. The Paycheck Fairness Act earned 52 votes in favor of proceeding to final consideration, eight votes shy of the 60 votes necessary for cloture. The vote came down strictly along party lines, with the two independent senators voting with the Democrats and Sen. Mark Kirk (R-Ill.) not voting. Senate Majority Leader Harry Reid (D-Nev.) changed his vote so that he could bring the bill up again.
In other news…
- The Eleventh Circuit Court of appeals ruled on Monday that Title VII of the Civil Rights Act of 1964 permits claims for retaliatory hostile work environment. The decision brings the Eleventh Circuit in line with everyone else.