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Tag Archives: FLSA

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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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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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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FLSA FAQ: Automatic Deductions for Meal Periods and Breaks

As we discussed earlier this week, under the FLSA employers do not have to pay employees for “bona fide meal periods,” because the regulations do not consider them to be work time. For a break to qualify as a bona ...

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Tip Credits, Tip Pooling Continue to be Hot Issues in FLSA Litigation

The hospitality industry is ground zero for many of the hottest wage and hour issues under the FLSA and state laws, both in lawsuits filed by plaintiffs’ attorneys and in federal and state department of labor investigations. Tip credit and ...

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Travel-shortened meal breaks may be compensable under FLSA says Fifth Circuit

It’s more cult classic than a summer blockbuster, but one of my favorite movies is 2000’s “O Brother, Where Art Thou?” starring George Clooney. To me, it is the Coen brothers at their finest. Loosely based on Homer’s “Odyssey,” the movie follows ...

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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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