Businesses will be like… That’s because, earlier this month, Senator Patty Murray (D-WA), top Democrat on the Senate Health, Education, Labor, and Pensions (HELP) Committee, Senator Sherrod Brown (D-OH), and Representative Rosa DeLauro (D-CT), introduced the Wage Theft Prevention and Wage Recovery Act. According to this HELP press release,…
I know when the new Department of Labor overtime rules are going to take effect. Well, I think I know… First, what is the DOL proposing to do? Here’s a summary of the rule change from the Office of Management and Budget (OMB) The Department proposes to update the regulations…
Call it a rule of reason. Or, maybe, it just doesn’t pass the smell test. We could even file this under “Just Sayin’.” And, of course, it would fracture a few laws, among others, the Fair Labor Standards Act. [Cue music] In Maphurs v. Cooling Tower Systems, Inc. (opinion here), the plaintiff claimed…
On February 9, over 100 members of Congress signed this letter to Secretary of Labor Thomas E. Perez to voice their opposition to the new proposed overtime rules, which could go into effect in July. I only have an electronic version of the letter. But, it looks like it was signed in…
1,250 hours. An employee needs to have worked at least 1,250 hours during the 12 months prior to the start of leave under the Family and Medical Leave Act to be eligible to take qualified leave. A few years ago, I blogged here about a case involving a teacher denied FMLA…
Like many other employers, you’ve got a handbook policy that says that non-exempt employees cannot work overtime unless they obtain prior approval from a manager or supervisor. If, without prior approval from a manager or supervisor, a non-exempt employee works overtime and reports those hours to you, the Fair Labor…
Back when I had three kids — the one-year old (not pictured) is salting the sidewalk — I took some liberties with snow days and the Fair Labor Standards Act. I’m exempt of course (Executive exemption — like a boss!). For the kids, rather than worry about minimum wage or overtime,…
About three years ago, I blogged here about Genesis HealthCare Corp. v. Symczyk, a Supreme Court decision addressing a situation in which a Fair Labor Standards Act collective action could be dismissed if the lead plaintiff rejects a Rule 68 offer of judgment. However, the Supreme Court left open the issue of “whether an unaccepted…
This Tuesday blog post is brought to you by the number 20. As in, when your non-exempt employees go on break for 20 minutes or less, you need to pay them for that time. A “bright-line rule.” The regulations to the Fair Labor Standards Act say (here) that “rest periods of…
Unfortunately, I did not win last night’s Powerball jackpot. Thus, today, you get a substantive post about employment law, rather than a terse, “Thanks for reading, suckers!” Send Off. Oh, but you’re still my suckers. I say that with peace and love. Suckers. Workplace class actions are booming! Today, for the…