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Tag Archives: Fair Labor Standards Act

FLSA FAQ: Employee Travel Time: The General Rules

Throwback Wednesday doesn’t quite have the same ring to it, but I’m going for it anyway.  One of the best country music “work” songs goes back to my high school days and Tracy Lawrence’s 1991 Sticks and Stones album.  “Runnin’ ...

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Ninth Circuit’s FLSA Pre Shift Activity Decision Shows Value of Integrity Staffing Standard

Last month, I mentioned that the Supreme Court’s unanimous decision in Integrity Staffing v. Busk has its limits.  That does not mean that the case has no utility whatsoever.  The Court’s formulation of work that is “integral and indispensable” is ...

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Rounding Time Entries: The High Stakes FLSA Poker Game

Do you remember this indie, middling box office success starring Matt Damon and Edward Norton about high-stakes poker?  In short, Matt Damon’s character loses all of his money, goes to law school (where, in a plot twist no law student would ...

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Protecting the Sharing Economy: Creating an FLSA Dependent Contractor Status

Last week, I answered a question about whether the FLSA is outdated in the affirmative. For the reasons I discussed last week, forcing every worker into the employee bucket, as the DOL seems to prefer, does not serve the workers or employers well. The alternative undermines the protections that employment laws are supposed to provide. In my opinion, the most balanced approach creates a dependent contractor classification under the FLSA that enjoys a floor of rights common to all workers. What would the "dependent contractor" regulation look like?

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Do Sharing Economy Cases Show that the FLSA is Outdated? Yes!

Over at the Workplace Prof Blog, Professor Sachin Pandya (Connecticut) asks whether sharing economy cases show that employment laws–in particular the FLSA–are outdated.  Without commenting on any one case or situation, the answer to me is obvious: Yes!  Recent cases involving ...

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Final Push Puts DOL FLSA Regulation Comments over 264,000

As employers anxiously await the final regulations codifying changes to the FLSA white collar exemptions, and the salary level in particular, the DOL announced the final public comment totals during the 60-day comment period that closed on September 4.

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Regulation Recap: The DOL’s Proposed FLSA Regulations, and What’s Next

With the comment period now officially closed, I wanted to summarize the Department of Labor’s Wage & Hour Division’s (WHD) proposal to amend the Fair Labor Standards Act (FLSA) Regulations and, in particular, the regulations governing the “white collar” exemption for executive, ...

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DOL Declines to Extend Comment Period on Proposed FLSA Overtime Regulations

In a letter to Congress this week, Department of Labor Wage and Hour Division Administrator David Weil reported that the DOL would not extend the 60-day public comment period for providing feedback regarding the Department’s proposed rule, indicating that “a comment period ...

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Back to Work: Welcome to The Day Shift!

Welcome to new readers and welcome back to old friends!  I’m excited to have moved in the blog (blawg?) world back to my own domain and site, The Day Shift.  I have been blogging since 2005, and covering wage and hour and ...

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