Back when I first started this blog, when I believed that my blogging success would translate into Aston Martins and beach homes, rather than “Can you please email me a copy of your FMLA PowerPoint?”, I had a series of “Third Circuit Employment Law 101” posts. Well, I don’t think I’ve…
In my younger days, I had a summer job in college where I clocked in at 9 and left at 5. They gave me a desk, a computer, training, a supervisor, job instruction, and a not-so-fatty paycheck. But, at least, nothing got withheld from my paycheck. They called me an independent contractor…
A lot has been written over the past week few weeks since the Department of Labor announced its proposed change to the overtime rules — most of which has fewer typos and less snark than my drivel. Both sides of overtime coin. For example, there’s this article I read yesterday on WashingtonPost.com supporting the…
A federal appellate court just blew up the U.S. Department of Labor’s spot. Allow me to explain in slightly less colloquial fashion. Fart, #themoreyouknow, YOLO (There, out of my system…) The DOL six-part internship test. In 1947, the U.S. Supreme Court recognized (here) that certain unpaid workers should not be treated…
Hey lawyer! Drop the selfie stick and slowly back away… Somewhere between the time that I took this selfie at the start of my FMLA/ADA session at the 2015 SHRM Annual Conference, and a few minutes later when the laptop with my PPT lost power (so, right when my bowels gave out heart…
In March 2014, President Obama announced (here) that he would seek to revamp the Fair Labor Standards Act as it applies to overtime, “particularly for executive, administrative, and professional employees (often referred to as ‘white collar’ exemptions).” You can also read my post about the President’s announcement here. And yet, here…
I’ll even treat. Ok, it’s free. Seriously, if you don’t yet have plans today for lunch (or, for you in the West, breakfast, or whatever it is you do out there at 9 am), register here for a free SHRM webcast entitled “FLSA: Stay Safe Now and in the Future.” It’ll be Wage and…
“Once is happenstance. Twice is coincidence. Three times is enemy action.” (I’m pretty sure that was from Ferris Bueller) Yesterday, in the Wall Street Journal, I read Lauren Weber’s article “Can You Sue the Boss for Making You Answer Late-Night Email?” And the answer is yes, provided that you are…
Let’s start this post off with a disclaimer: People! I’m just a man; not a god. I’m going to address travel time under the Fair Labor Standards Act. Many of you folks live in crazy states, like New York and its crappy basketball team, which is even worse than the Sixers.…
I’ve gotta hand it to the company in this recent federal appellate court opinion. The company almost — soooooo close — avoided several claims for unpaid overtime. Let me set the stage for you. So, there I was wearing nothing but feathers and a coy smile. Back in 2011, the U.S. Department…