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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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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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