A company operating an offshore oil rig paid one of its “tool pushers” anywhere from $963 to $1,341 per day. His paycheck, issued every two weeks, amounted to his daily rate times the number of days he had worked in the pay period. So if the employee had worked only one day, his paycheck would total (at the range’s low end) $963; but if he had worked all 14 days, his paycheck would come to $13,482. Under that compensation scheme, the company paid the employee over $200,000 annually, with no overtime compensation.

But, the employee who supervised many others and otherwise satisfied the duties tests for the executive exemption under the Fair Labor Standards Act sued for unpaid overtime because, he claimed, the company failed to guarantee him at least $455 per week in salary. Continue reading

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I read on the U.S. Department of Labor website that unions help employees improve the workplace with “enhancements” such as “flexible scheduling, protections against harassment and safer working conditions – that improve the quality of jobs and workers’ well-being.”

However, a union non-profit that touts itself as a provider of help to workers with health problems allegedly violated the Americans with Disabilities Act (ADA) by discriminating against an employee based on her disability, breast cancer.

Now, the U.S. Equal Employment Opportunity Commission is suing!

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Thank you for indulging me a day off from blogging yesterday. It’s tough to bounce right back when a referee rips your heart out of your chest with a ridiculous penalty call late in the fourth quarter of arguably the best Super Bowl game of all time.

At least I’m not salty about it.

Continue reading

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Employees are eligible for FMLA leave when they have worked for the employer for at least 12 months, have at least 1,250 hours of service for the employer during the 12-month period immediately preceding the leave, and work at a location where the employer has at least 50 employees within 75 miles. Continue reading

“Doing What’s Right – Not Just What’s Legal”
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