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FLSA

New York amends Human Rights Law to protect unpaid interns

09/05/2014
On July 22, Gov. Andrew Cuomo signed a bill that amends the New York Human Rights Law by adding a new Section 296-c titled, “Unlawful discriminatory practices relating to interns.”

FLSA overtime rules don’t apply to truly small and local businesses

09/05/2014
Some very small employers are truly so tiny that they’re not covered by Fair Labor Standards Act overtime rules.

Do I have to grant leave for employees who have been summoned or subpoenaed?

09/02/2014
Q. A few of my employees have been summoned to appear in court for jury duty service and to act as witnesses in trials. Is there any way that I can prohibit them from serving? And if I can’t, am I required to pay them during their service?

Never retaliate for wage complaint–unless you’re prepared to pay big bucks!

09/02/2014

If you “shoot the messenger” and punish an employee who points out your wage-and-hour mistakes, a judge just may smack you back with a huge monetary penalty. That’s what appears to have happened in a recent Texas case.

LinkedIn’s $6 million payout offers lessons on tracking time

09/02/2014
The company apparently has failed to connect with the Department of Labor’s rules on what constitutes an exempt employee under the FLSA.

Calculating OT: What counts as a ‘workweek’?

09/01/2014
Employment lawsuits often hinge on a definition: What is an “employee”? What is “work”? And, in this case, what is a “workweek”?

California Supreme Court makes independent contractor status tougher for motor carriers

08/29/2014
If your company is classified as a motor carrier, don’t expect the Federal Aviation Administration Authorization Act of 1994 (FAAAA) to protect you from misclassification claims. That’s the lesson learned by one motor carrier after a recent Cali­­for­­nia Supreme Court decision.

Must we pay employees for unauthorized overtime when they check their messages?

08/18/2014
Q. We frequently have employees turn in time sheets with unapproved overtime—time they spend checking emails and voice mails. Do we have to pay em­­­­ployees for this time even though we have a workplace policy that prohibits unapproved overtime work?

LinkedIn to pay nearly $6M for unpaid overtime violations

08/15/2014
The business-oriented social media site LinkedIn has agreed to pay $3,346,195 in overtime back wages and $2,509,646 in damages to 359 former and current employees.

Court rules volunteer not entitled to FLSA protection

08/14/2014
A young man who volunteered at a school in hopes of building his résumé is not an employee as defined in the Fair Labor Standards Act according to the 2nd Circuit Court of Appeals.