Wage and Hour

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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Five pending Supreme Court cases for HR, In-House & the C-Suite to follow

October 8, 2012 | by Eric B. Meyer

Thumbnail image for Supreme Court.jpg

Earlier this month, the Supreme Court reconvened for its 2012-2013 term.

Although not chock full of pending employment-law cases, this term will see several important issues decided which could affect your workplace. Below, I have a collected a series of links to stories on these cases:

“New Supreme Court Term Promises a Range of Labor and Employment Cases” by Lindsey Marcus and Jeff Nowak at Franczek Radelet P.C.

Kiss the “fluctuating workweek” OT method goodbye in PA

August 30, 2012 | by Eric B. Meyer

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…

The 3rd Circuit’s new FLSA joint-employment test…in HAIKU

August 14, 2012 | by Eric B. Meyer

I just re-read yesterday’s blog drivel. What the hell was that?!? As much as I do love the two great tastes that taste great together, that was an utter FAIL and I vow never to incorporate Reese’s Peanut Butter Cups into a blog post again. Unless, of course: (a) a makeshift Peanut Butter Cup bra is prominently featured in a reported sexual harassment case; or (b) Hershey’s wants to discuss some strategic product placement on The Employer Handbook. What can I say? YOLO and even this blogger has his price.

[Editor’s note: I was determined to work YOLO into this blog post. Be nice. Although, my blogging chops are generally sharp, I’m about three months behind on the lingo.]

Focus, Eric. Short blog post. You can handle haiku.

Arrgh! I cannot believe that Haiku-themed blog post, 17 syllables, would require readers to click through past the jump. Ah, whatever. Click through and someone call my editor…

Peanut butter cups for everyone! Thank you, Third Circuit!

August 13, 2012 | by Eric B. Meyer

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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