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Monthly Archives: October 2015

Spooky Halloween Stories: Al Jazeera Publishes New Editorial Featuring Wage and Hour Division Administrator Dr. David Weil

I tweeted this article out on Twitter last week, but for your Friday reading, I wanted to pass along Al Jazeera’s editorial profile of Dr. David Weil, the administrator of the Department of Labor’s Wage and Hour Division (WHD).  The WHD is ...

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Playing with FLSA Fire: Lawsuit over Call Center’s Aggressive “Idle Time” Deductions Proceeds

Recently, the federal district court in Minnesota allowed a collective action filed by call center employees to proceed in an example of how employers can end up playing with fire through over-aggressive time deductions, particularly when employees are idle and “engaged ...

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Defining “Full Time” Under the FLSA and Wage and Hour Laws

All of our recent talk about alternative work schedules and handling PTO raised an issue for a reader who called me yesterday about a common issue that I frequently hear from in-house counsel, payroll administrators, and HR leaders.  Many employers don’t want ...

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E-Verify Deadline Approaching, New Study Shows E-Verify Alone May Not Be Panacea

Recently, I read with interest this study that examines the impact of the 2007 Legal Arizona Workers Act (LAWA) on employment outcomes of low-skilled legal workers. The Act requires Arizona employers to use the federal E-Verify database to determine whether a prospective employee is ...

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FLSA FAQ: Handling Vacation, Holiday, and Sick Leave Pay for Alternative Work Schedules

Last week, we discussed the 9/80 pay plan, and it raised a couple of questions for readers given the increasing prevalence of these schedules in the workplace.  If employees regularly work 9-hour or 10-hour shifts because of a 9/80 or ...

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Alternate Work Schedules: The 9/80 Pay Plan

Recently one of my colleagues asked a question about the Fair Labor Standards Act (FLSA) implications of a 9/80 pay plan that a client wanted to implement.  What is the 9/80 pay plan?  It is one of many alternative schedules ...

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Shepherders and the H-2A Visa: DOL Publishes New Rule on Minimum Wage, Other Issues

In proof that the reach of the Department of Labor, the FLSA, and immigration laws is greater than you ever thought, this past week, the DOL published its Final Rule on shepherders and other herders of range livestock, including goats.  The ...

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California Court Confirms that Employers Can Still Employ Unpaid Interns in Certain Cases

Recently, the DOL’s preferred test for whether employers must pay their interns has been under attack, an issue I’ll address more directly in a future post. Put simply, the scope of lawful unpaid internships has narrowed substantially in recent years, ...

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Texas Decision Blocks Immigrants’ Bid for Birth Certificates for Citizen Children

Every now and again, I have to bring your attention to decisions plaguing businesses in wage and hour and immigration in this country, as I did last month with the lack of a “dependent contractor” classification under the FLSA. Not ...

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Kaplan law school test prep case tests bounds of FLSA Outside Sales exemption

Lawyer readers of the blog will remember BarBRI, Kaplan, and other bar prep providers hawking prep classes, flash cards, practice tests, and more to help law students get through exams and the bar. You also probably remember who their salespeople ...

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