Blog
DOL Clarifies Compensability of Short FMLA Breaks Under the FLSA
June 5, 2018
It has long been the rule that, under the Fair Labor Standards Act (FLSA), non-exempt employees must be paid for breaks of 20 minutes or less because such breaks refresh employees and improve productivity and, therefore, primarily benefit the employer rather than the employee.
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Supreme Court Rules for Baker in Same-Sex Wedding Cake Case
June 4, 2018
On Monday, June 4, 2018, the U.S. Supreme Court, in a 7-2 decision, held that the Colorado Civil Rights Commission violated a baker’s constitutional right to the free exercise of his religion, by exhibiting hostility towards the baker’s religious views as expressed in his refusal to make a wedding cake for a same-sex couple.
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Lessons Learned from those “Special” Treats in the Breakroom or at the Office Party
May 31, 2018
About two weeks ago, it was widely reported that a Michigan woman brought brownies baked with laxatives (yes, you read that right) to work for another employee’s going away party.
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More Common Than You Might Think: Religious Accommodations for Ramadan
May 24, 2018
Many employers might not be familiar with Ramadan and might not have ever had an accommodation request relating to the religious holiday. However, there are around 3.3 million Muslims in the United States, many of whom are active in the country’s workforce.
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Employers Pay $740,000 a Day
May 24, 2018
Employment litigation in general has declined as an outcome of a robust job market. However, wage and hour litigation continues to increase. According to a report recently issued by the United States Department of Labor, Wage and Hour Division, for Fiscal Year 2017 DOL collected an average of $740,000 per day in back pay.
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Starbucks – Training Employees on the Obvious?
May 24, 2018
What is obvious? Well, I’d say the direction that Starbucks gave to its employees to call 911 if they observe a customer using or selling drugs. Or there’s a fire or robbery. This is associated with Starbucks’ new policy on non-paying guests in its stores.
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Current Wage and Hour Issues
May 24, 2018
At this time, Wage Hour continues to operate without an Administrator who has been confirmed by the Senate.
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Kansas City Joins Several States and Municipalities in Banning the Box
May 21, 2018
Effective June 9, 2018, a new Kansas City, Missouri ordinance places restrictions on an employer’s inquiries into, and the use of, criminal record information.
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H-1B Worker Who Quits Cannot Be Required to Pay Back H-1B Fees
May 21, 2018
An H-1B Visa allows a non-immigrant worker to work temporarily in the US for a sponsoring employer. An employer must petition for an H-1B Visa on the employee’s behalf; an employee can’t do it, and the costs of petitioning for an H-1B Visa are substantial.
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Supreme Court Finds in Favor of Employment Arbitration Clauses
May 21, 2018
On Monday, the Supreme Court issued an opinion regarding the validity of arbitration clauses in individual employment contracts.
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NLRB Decision on Independent Contractor Issue Could Impact Related FLSA Litigation
May 18, 2018
On May 2, 2018, Leslie Smith, a well-known mixed martial arts fighter, filed an unfair labor practice charge with the National Labor Relations Board (“NLRB”) alleging that the Ultimate Fighting Championship (“UFC’) failed to renew her contract because she was trying to organize other UFC fighters.
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Wait – That E-mail Is a Legal Agreement?
May 17, 2018
I know I’m dating myself, but as a lawyer of a certain age, I like a legal agreement to be in paper, with handwritten signatures.
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