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Articles Posted in Wage and Hour

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New Jersey is teaming up with the DOL to crack down on worker misclassification

Photo By: Airman 1st Class Anthony Nin Leclerec (https://www.jble.af.mil/News/Photos/igphoto/2001874058/) I feel like worker misclassification has been an issue that’s been flying under the radar for the last year or so, especially as it relates to independent contractors. In 2016, and the first half of 2017, employers were fixated on the…

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What I have for you today is even better than a Bryan Colangelo post-mortem!

Image Credit: Pixabay.com (https://pixabay.com/en/shirt-dress-white-clothes-clothing-2345417/) My thorough rundown of all things Bryan Colangelo will have to wait until next week when I serve as a guest contributor to the Philadelphia Business Journal. Today, however, I’ve got your hook up! On Wednesday, Pamela Wolf, J.D. of Wolters Kluwer moderated a webinar entitled Check-In: EEOC, DOL,…

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SURVEY: If I custom-designed a one-hour HR-compliance session for you, what topic would you select?

By AlphaZeta – Own work, CC0, Link Can you help me out? It’ll only take a sec. I’ve created a one question survey. Here it is: If I custom-designed a one-hour HR-compliance session for you, what topic would you select? You can vote here. Thank you and I’ll post the results tomorrow!

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FREE WEBINAR and CLE: “Check-In: EEOC, DOL and NLRB Compliance—A Labor and Employment Law Roundtable” [June 6, 2018, 2-3 pm EDT]

Image Credit: Pixabay.com (https://pixabay.com/en/webinar-conferencing-video-beverage-3199164/) The session, entitled “Check-In: EEOC, DOL and NLRB Compliance—A Labor and Employment Law Roundtable,” features an all-star panel of lawyers* and will explore each federal agency’s current compliance environment, enforcement priorities, practical guidelines for navigating difficult compliance issues and best practices. *They invited me to participate…

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Sorry, Busta Rhymes. You don’t get a “celebrity exception” for settling your wage-and-hour claim

By Mikamote [CC BY-SA 3.0], from Wikimedia CommonsGenerally, if a wage and hour dispute arises in the workplace, the parties need approval from either the U.S. Department of Labor or a federal court to resolve claims under the Fair Labor Standards Act. When parties agree to resolve these claims as…

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Dear Handbook: Does the FLSA require that non-exempt employees get paid for 16-minutes of intermittent FMLA leave?

Image Credit: Pixabay.com (https://pixabay.com/en/two-ginger-cats-licking-loving-650546/) We’re gonna try a new feature here at The Employer Handbook. It’s where I take a new U.S. Department of Labor Opinion Letter and tweak it as if someone is asking me for my opinion on the precise legal issue on which the DOL is being…

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Yesterday’s Supreme Court wage-and-hour decision in Haiku. Great Haiku!

Image Credit: Pixabay.com (https://pixabay.com/en/autohaus-car-dealers-auto-sales-2138927/) Service Advisors at an auto dealership don’t get overtime They are salespeople, primarily engaged in servicing autos. A dictionary textual analysis It is all you need It’s wrong to construe FLSA exemptions narrowly. Really. That premise is flawed. The Ninth Circuit can pound sand, says the…

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From the archives: “How do you handle FMLA and FLSA for a snow day office closure?”

Yes, those are two of my children. (Not pictured: “Dad of the Year” Trophy) A little over two years ago, I blogged here about how the Fair Labor Standards Act and Family and Medical Leave Act may impact your business if it closes for a day due to inclement weather. Now…

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Why conducting a wage and hour audit now could save you lots of money with the government.

By Ed Brown (Ed Brown) [Public domain], via Wikimedia CommonsWhat if I told you that conducting a wage-and-hour audit and discovering a Fair Labor Standards Act violation could save you money? “Uh, Eric. Is the air up there in the cloud getting thin?” Hear me out. The PAID program. Yesterday,…

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Sorry. I’ll make it up to you today.

When this happened, you knew that I had to do some celebrating. Twice. So, the fam and braved the long lines (during which my young children got quite a vocabulary lesson) and headed into Philadelphia on Thursday for the Philadelphia Eagles parade. Just us and a few million strangers. But, football season is over. I’ve…