Articles Posted in Wage and Hour

This Sunday, Daylight Savings Time begins, as we push the clocks forward one hour at 2:00 AM on March 10, 2013.

Did someone say Clocks?

How does the time change affect the manner in which you pay hourly non-exempt employees who work the graveyard shift? I’ll let the Department of Labor explain:

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Have you checked out DriveThruHR yet?

DriveThruHR is the baby of Bryan Wempen and William Tincup, a half-hour radio show on which these two HR leaders, along with a guest, discuss the latest trends, thoughts and sentiment within the industry.

Yesterday, I was on DriveThruHR, Human Resource’s #1 Daily Radio, talking social media and the workplace, Americans with Disabilities Act, hockey, and gettin’ freaky with the mashed potatoes. Yeah, that’s right. Hockey. 

Korrektionsschutzbrille FrontansichtWith 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.

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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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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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:

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