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Extraordinary Workplace Misconduct: Multitasking … While Performing Surgery
November 23, 2021
In our occasional series of outrageous workplace conduct, the marked increase in remote work during the pandemic has created interesting opportunities for employees to engage in some poorly-considered multi-tasking.
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Correctly Calculating the FLSA Regular Rate - A Common Pitfall of the FLSA
November 23, 2021
The Fair Labor Standards Act mandates that non-exempt employees be paid one and one-half times their regular rate for all hours worked over forty (40) in a given workweek. However, calculating overtime pay correctly can be tricky when an employee works at two or more different rates during a single workweek.
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Ontario: Teacher Found Not Guilty for Student Drowning; What Does This Say About the Burden of Proof in OHS Criminal Cases?
October 28, 2021
On one unfortunate day in July 2017, a 15-year-old boy drowned while swimming in a lake on a school wilderness canoe trip. The teacher supervising the group of students that was swimming, Mr. Nicholas Mills, was charged with criminal negligence causing death.
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Deducting Non-Exempt Employee Meal-Breaks While Traveling: Eleventh Circuit Serves-Up Heartburn for Employers
October 21, 2021
Recently, two federal courts of appeals could not agree on what seems to be a straightforward question: Can an employer deduct for a meal break when traveling employees have no other duties while in transit?
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Employers – Do Not Ignore Confederate Flag Sightings in the Workplace!
October 20, 2021
In Moore v. Conn. Dept. of Corrections, a federal court judge recently denied an employer’s efforts to have an employee’s hostile work environment claim thrown out. The employee alleged that she walked past another employee’s Confederate flag license plate at least 100 times when entering and exiting the workplace.
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Extraordinary Employee Misconduct: Making Snowboarding Movies While on FMLA?
October 8, 2021
A former Behavior Detection Officer for the TSA who worked at the Honolulu International Airport was fired for Family and Medical Leave Act abuse after his employer discovered that he was making snowboarding movies while apparently using FMLA to take an extended vacation.
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Employers Beware! Private Arbitration Agreements Won’t Stop DOL Lawsuits
September 30, 2021
The U.S. Department of Labor recently highlighted a federal court ruling that private arbitration agreements will not prevent the federal Secretary of Labor from bringing suit against an employer for violation of the Fair Labor Standards Act.
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NLRB to Classify College Athletes as Employees
September 30, 2021
On September 29, NLRB General Counsel Jennifer Abruzzo issued a Memorandum (GC 21-08) in which she stated that certain college athletes will be classified as employees, with the right to unionize and engage in other protected, concerted activity.
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“Huddled Masses”: Employment Eligibility of Afghan Refugees
September 23, 2021
International news has been dominated the last few weeks with the situation in Afghanistan.  The withdrawal of troops and politics aside, there has been a large humanitarian story playing out with the evacuation of American citizens and Afghan allies.  With that comes the rise of domestic concerns – Where will people go? How will they provide for themselves? What will their futures look like?
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New DOL Rule Adds Civil Penalties for Taking Employee Tips
September 23, 2021
The U.S. Department of Labor announced a new final regulation in which the DOL asserts authority to penalize employers up to $1,100 per violation, on top of any back wages owed.
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Ninth Circuit Revives California Law Prohibiting Employers From Mandating That Employees Sign Arbitration Agreements
September 22, 2021
On September 15, 2021, the Ninth Circuit revived parts of a controversial California law that prohibited mandatory employment arbitration agreements.
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Even High Earning Supervisors Can Be Entitled to Overtime
September 17, 2021
 A recent decision by the Fifth Circuit Court of Appeals in Hewitt v. Helix Energy Solutions Group, Case No. 19-20023, in is causing upheaval in the energy sector by suggesting that even highly paid supervisory employees may be entitled to overtime pay on top of their six-figure compensation because they are paid a day rate rather than a weekly salary.
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Correctly Calculating the FLSA Regular Rate - A Common Pitfall of the FLSA https://t.co/1OSKwQYr3M

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