Category Archives: FLSA

School is Back in Session: Resident Assistants Are Not Employees for the Fair Labor and Standards Act

It is imperative for employers to accurately classify their workers to ensure their policies do not run afoul of the Fair Labor Standards Act (FLSA).  Institutions of higher education are no exception.  The United States Department of Labor (DOL) released … Continue reading

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No Excuse for Poor Performance

A recent decision in the Seventh Circuit Court of Appeals is a good reminder to employers that legal protections from retaliation and discrimination cannot be used to excuse an employee’s poor performance. In Langenbach v. Wal-Mart Stores, Inc., the court … Continue reading

Posted in ADA, Age, Discrimination, EEOC, FLSA, FMLA, GINA, Labor and Employment, PDA, Retaliation, Termination | Tagged , , , , | Leave a comment

President Obama Signs Fair Pay and Safe Workplaces Executive Order

Last week, President Obama signed the “Fair Pay and Safe Workplaces Executive Order,” which requires prospective federal contractors seeking contracts over $500,000 to disclose any labor and employment law violations within the past three years including any violations of federal … Continue reading

Posted in ADA, Age, Department of Labor, Discrimination, FLSA, FMLA, GINA, Government Contractors, Labor and Employment, Labor Relations, NLRA, NLRB, PDA, Retaliation, Wage and Hour | Tagged , , , , , , , , | Leave a comment

A Whole New Game: College Athletes Are Employees

The National Labor Relations Board (NLRB) has decided that Northwestern University athletes are employees of the University and, as such, are allowed to form a union. The athletes claim they just want a seat at the table to discuss issues. … Continue reading

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Where Does the Workday End?

The time for which an employee must be compensated isn’t simply the time they spend working. Among other requirements, the Fair Labor and Standards Act (FLSA) demands that employees are paid for all time during which they are required to … Continue reading

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BYOD: Employees Use of Personal Devices to Connect to an Employer’s Information

It seems virtually everyone has a smart phone, tablet, laptop, or other type of personal device. As these devices become more common, employees using these devices to connect to an employer’s computer network is also increasing. While there are benefits … Continue reading

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“Queen of the Universe” Unable to Keep Her Poker Face

The lawsuit brought against Lady Gaga by her former personal assistant (“PA”) illustrates some of the wage and hour law challenges that employers face. Lady Gaga hired a friend to be her personal assistant (“PA”) at an annual salary of … Continue reading

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Keeping Unpaid Internships Legal

The season is upon us when college students and recent graduates seek out unpaid internships, looking for a way to gain “real world” experience, and a possible foot in the door, in an otherwise suffering labor market. While the prospect … Continue reading

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Supreme Court to Weigh In On Employees’ Changing “Clothes” More Than The DOL Changes Its Mind

Under the FLSA, 29 USC § 203(0), employees are not entitled to receive compensation for time that is spent “changing clothes . . . at the beginning or end of each workday.”  In other words, if donning and doffing work … Continue reading

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Groundhog Hour: FLSA Implications to Consider When We “Fall Back”

For most people across the United States, residents of Massachusetts included, daylight savings time ends this Sunday, November 4, and we set the clocks back one hour at 2:00 a.m.  When daylight savings time ends, employees working the “graveyard shift” … Continue reading

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