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Employee Classification

A Quick Overview of the Status of the DOL and NLRB Joint Employer Proposals

Geez, I go away for Spring Break and the Department of Labor (DOL) starts going crazy! More on the DOL’s intepretation of “regular rate” released this past Friday, March 28 later, but on Monday, April 1, the Department added its ...

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Your “Construction” Business Under State Employee Classification Laws

After a brief (but mandatory) operational pause, the blog is back!  I can’t promise daily posts going forward, but I will be active from here on out.  Back to our regular programming… Have you ever dreamed of being in “waste ...

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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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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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The FLSA and the Primary Duty: Classifying Employees Working Both Exempt and Non-Exempt Jobs

Stores are already putting up Thanksgiving and even Christmas displays (at my local Sam’s Club!), and Urban Outfitters is getting ready.  Gawker published an e-mail this past week asking its full time employees at URBN, Urban Outfitters’ Philadelphia-based parent company, to “volunteer” ...

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