Court Opinions

State Appeals Court Clarifies Unlimited Paid Time Off Policies in California


COVID-19-induced challenges and the resulting work-life balance changes have cut into the time I have had available for posts, but I wanted to pass along an important non-coronavirus related court decision from this past month that ties into one of ...

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EEOC Pay Data Saga Ends (For Now), but was “Component 2” Ever an Answer to Systemic Pay Discrimination Issues?


This morning, my LinkedIn feed was full of messages and alerts about the end of the EEOC’s collection of pay and hours data through its Employer Information Report, commonly known as the EEO-1. The struggle over the collection of the ...

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Looking Back: Encino Motorcars v. Navarro One Year Later

Until last April, the Supreme Court had construed Fair Labor Standards Act (FLSA) exemptions “narrowly.” For example, just 7 years after the FLSA’s passage, the Court ruled in A.H. Phillips, Inc. v. Walling, that “extend[ing] an exemption to other than ...

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FLSA Minimum Wage, Overtime Lawsuits Set New Record in 2015, Filing Growth Continues

Welcome back! If you missed them over the holiday week, you will want to check out our series on 2016’s Pay Period Leap Year from last week.  You might need to take some immediate action to get payroll ready for this ...

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Police Officers’ Off-the-Clock BlackBerry Use Suit Carries Lessons for All Employers

Photo credit: Janitors via / CC BY

Last week, a federal judge in the Northern District of Illinois ruled against a group of Chicago police officers who claimed that the department had unwritten rules that discouraged them from turning in overtime for off-duty work performed on their BlackBerrys. ...

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Captain Obvious Issues Most Obvious FLSA Decision of 2015 (So Far…)

We have roughly two and a half weeks left in 2015, so I can’t officially call this decision the most obvious FLSA decision of 2015 yet, but I can be pretty certain that it would be hard to top this decision ...

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State Supreme Court Considers Whether Employers Can Contractually Shorten Time for Employment Claims

On Tuesday, I watched the webcast of Rodriguez v. Raymours Furniture before the New Jersey Supreme Court where the court considered whether an employer can use a contract (here, in an employment application) to shorten the statute of limitations period otherwise ...

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Fourth Circuit Reminds Employers to Draft Handbooks, Other Wage and Hour Policies Carefully

Many employers take their employee handbooks and policies for granted, or at least let them collect dust.  Written correctly, a handbook will clearly and succinctly outline your expectations and your key policies.  It’s a vital communication tool and can help ...

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New Federal Transportation Bill May Bring Meal and Rest Break Relief to Employers

UPDATE: Amendment 783 was cut out of the final bill in conference. As you may have heard, the House has passed a 6-year, $325 billion transportation bill, after considering over 130 amendments.  What you may not know is that the bill ...

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The Effect (or Non-Effect) of Expense Reimbursements on the FLSA “Regular Rate”

Recently, we have discussed certain types of special calculations for non-exempt employees who earn commissions or who receive commissions or bonuses at a later date than they earned them. These issues are all part of broader discussions about fixed payments that ...

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