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Tag Archives: Fair Labor Standards Act

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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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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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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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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The Regular Rate for Commissioned Employees: Lookbacks and “Earned” Commissions

In yesterday’s post, we discussed the basics of calculating the “regular rate” for non-exempt employees under the Fair Labor Standards Act (FLSA), including a reader question on how to handle commissions. Commissions are one of the forms of remuneration that you ...

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FLSA FAQ: Calculating Commissions for Non-Exempt Hourly Employees

Earlier this week in a telecommunications HR group that I participate in, one of the HR professionals asked this question: Q.  How do we pay overtime to hourly inside sales employees that are paid a fixed hourly rate plus commission?  Do ...

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Pre-Shift Safety Meetings Not Compensable Under FLSA After Integrity Staffing, Says Court

We seem to have talked quite a bit lately about the Supreme Court’s interpretation of “integral and indispensable” activities under the Portal-to-Portal Act in Integrity Staffing Solutions, Inc. v. Busk, but with good reason.  The decision is having a broad impact on ...

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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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FLSA FAQ: Commuting in an Employer-Provided Vehicle

In the second installment of this “employee travel” series yesterday, I outlined the somewhat nebulous standard of a “normal” commute under the Employee Commuting Flexibility Act (ECFA) amendment to the Fair Labor Standards Act (EFCA). In particular, Congress passed ECFA in large ...

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FLSA FAQ: Employee Travel Time: Commuting

Over the years in different industries, there are times that, like Johnny Cash, I’ve felt like I’ve been everywhere, particularly commuting from one job site or location to another. Yesterday, I outlined the general rules for non-exempt employee travel under the ...

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