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FLSA

Pull Over the Potty Police

September 3, 2014
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Unless employees seem to be abusing bathroom rights, or breaks interfere with performance or production, let them be.
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Legal Briefing: Contractors and Control

September 2, 2014
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Employers cannot avoid an employer-employee relationship with an individual simply by calling the individual an independent contractor. The right to control work details is controlling.
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LinkedIn’s $6 Million FLSA Settlement Provides a Good Lesson to Employers

August 5, 2014
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Do not assume that you need not pay overtime to employees who are paid other than hourly.
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Circuit Court Invalidates Individual Waivers of FLSA Collective Action Participation

August 1, 2014
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For now, at least in the 6th Circuit, it appears that individuals waivers of the right to join wage-and-hour collective actions are dead.
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Revisiting the Misnamed and Misunderstood Term 'Wage Theft'

April 24, 2014
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Most wage and hour mistakes are honest ones born out of a misunderstanding of the law, not a desire to cheat or steal from employees.
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The Wage-and-Hour Implications of the NLRB’s Northwestern Football Player Ruling

March 27, 2014
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If scholarship athletes are employees, then they are likely owed minimum wage and overtime. This case has huge implications beyond collective bargaining.
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A Call for the DOL to Fix What is Wrong With Our Wage-and-Hour Laws

March 17, 2014
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The FLSA needs to be scrapped and rebuilt from scratch. Otherwise, a confusing system will be left in place that is unfair to both employers and employees.
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When are Preliminary and Postliminary Compensable? Supremes to let us Know (Maybe).

March 4, 2014
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There are lots of preliminary of postliminary activities that could be occurring in your workplaces. I am hopeful that this case will provide employers needed guidance on the compensability of these activities.
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Deterring the Wage-and-Hour Scofflaw

February 4, 2014
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Education on the FLSA, not stronger wage-and-hour laws, will help prevent wage theft issues.
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The Sandifer vs. U.S. Steel Decision

January 31, 2014
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The U.S. Supreme Court ruled that the time U.S. Steel employees spent putting on and taking off their protective gear is not compensable under their collective bargaining agreement.
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