Wage and Hour

House passes bill permitting employees to swap OT for comp time

May 10, 2013 | by Eric B. Meyer

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 Compressed Work Schedules Act, only state and federal employees may receive comp time in lieu of OT.

Specifically, the Working Families Flexibility Act authorizes compensatory time off at a rate of no less than one and one half hours for each hour of overtime worked. Under the FLSA, employers must pay OT at a rate of no less than one and one half the employee’s regular rate of pay. Republicans contended the measure would allow parents to spend more time with their children. House Democratic Whip, Steny Hoyer [D-MD] has hyperbolized that the Working Families Flexibility Act “would eliminate the 40-hour workweek as we know it.”

It should come as no shock, then, that House passage was basically along party lines. And, even if it somehow passes the Senate, the President would likely veto the bill.

Employee caught in a pick, Supreme Court scratches her FLSA claims

April 17, 2013 | by Eric B. Meyer

** drops microphone, walks off stage **

Fine, I’ll play a quick encore.

CHEATSHEET: How to pay employees for Daylight Savings Time work

March 6, 2013 | by Eric B. Meyer

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 of Labor explain:

@Eric_B_Meyer on DriveThruHR #dthr

February 22, 2013 | by Eric B. Meyer

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, talking social media and the workplace, Americans with Disabilities Act, hockey, and gettin’ freaky with the mashed potatoes. Yeah, that’s right. Hockey.

Supreme Court to determine what “clothes” are under the FLSA.

February 20, 2013 | by Eric B. Meyer

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 on and taking off (or, in legalese, “donning and doffing”) protective clothing is considered a principal activity. However, the FLSA expressly provides that employees don’t get paid for time spent “changing clothes” if a union contract says so.

Manager’s drunk Facebook threats + Boss’s Buddha blogging = retaliation claim?

February 19, 2013 | by Eric B. Meyer

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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By far, the WORST job in America (allegedly, of course)

January 7, 2013 | by Eric B. Meyer

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?

December 17, 2012 | by Eric B. Meyer

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, you provide your workforce with a bank of paid time off. Let’s further assume that you implement a policy that mandates that any additional leave be taken in unpaid full-day increments, event if the employee only needs a few hours off.

Is that policy legal? Or does it violate the FLSA? The answer follows after the jump.

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Paying banana boxes of food as OT is not an a-peeling option

November 7, 2012 | by Eric B. Meyer

[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….”

An HR guide to the workplace implications of Hurricane Sandy

October 29, 2012 | by Eric B. Meyer

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 good folks — especially if you have closed shop on Monday, employment issues are sure to arise. To help you out with some of them, read on past the jump…

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