Monday is Labor Day, the day I plan to break the Guinness World Record for twerking and eating BLTs — they call it BLTwerking a tribute to the American Worker.
If you give your employees the day off on Labor Day, a national holiday, do you have to pay them?
My buds Jon Hyman and Mike Haberman have your answers here and here.
It’s that time of year.
You’re hiring summer interns and I’m shaving a spoked B into my playoff beard looking for an excuse to recycle my six keys to keeping unpaid internships from becoming a hot wage & hour mess.
See what I just did there?
Today we have a guest blogger at The Employer Handbook. It’s Jesse Brar. Jesse is a Utah Employment Lawyer at Preston & Brar.
(Want to guest blog at The Employer Handbook? Email me).
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.
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:
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.
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.
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…
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.
The Employer Handbook Blog