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FLSA

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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Separation of Protected Activity and Discipline can Shield Employers From Retaliation Claims

January 16, 2014
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You can help insulate your company from retaliation claims by training your employees to treat FMLA requests (and other instances of protected activity) as need-to-know.
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Blackballing as Retaliation

January 9, 2014
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Refusing to hire someone who filed a lawsuit claiming a violation of the FLSA or Title VII is illegal retaliation.
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The Fluctuating Rules for the Fluctuating Workweek

November 13, 2013
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There is a clear advantage to paying your salaried non-exempt employees via the fluctuating workweek. Just make sure you meet the FLSA’s four-pronged test.


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Clothes Make the Man, and the Wage-and-Hour Lawsuit

November 11, 2013
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Look for the Court to craft a rule that any gear, whether typically worn as clothing or not, is compensable 'protective gear' if it’s intended use is for protection for the specific needs of the job in question.
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How the Government Shutdown Affects Labor and Employment Law

October 1, 2013
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If you have active matters with any federal agencies, expect for them to be on hold. Please remember that while the EEOC and other agencies might be temporarily out of business, the laws that they enforce are not.


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Labor Department Expands Wage and Hour Laws to Home Care Workers

September 18, 2013
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The Department of Labor’s Wage and Hour Division extended minimum wage and overtime protections under the Fair Labor Standards Act to home care workers.


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Bathroom Breaks Do Not Equal Breaks in Pay

September 12, 2013
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Treating your employees like tagged wildlife — tracking and recording their every move within the workplace — will create an work environment of distrust and apathy. Instead, you should treat all employees like professionals, and address performance-based issues as they arise.
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