Tag Archives: compensation

Unlimited Vacation Time from Work: Dream, Reality or Just a Myth?

Ver la versión en español aquí Last month, I wrote a post about one company’s new “Mail on Holiday” program where emails are automatically deleted during an employee’s vacation. What if, in combination with such a program, an employee could have unlimited vacation time? For most employees, it’s a dream. But if you work for … Continue Reading

The Wage & Hour Battle Rages On

Ver la versión en español aquí Over the last several months, President Obama has continued his push to revamp the nation’s minimum wage and overtime laws. He has faced an uphill battle. In a Presidential Memorandum dated March 13, 2014, President Obama directed the Department of Labor to “propose revisions to modernize and streamline the … Continue Reading

Flexible Workplace: What’s in a Name?

Many companies tout themselves as a “flexible workplace.” But what exactly does that mean? Does the company permit employees to have a regular telecommuting schedule or just work from home occasionally? Does the company offer modified start and stop times or compressed workweeks? All of these options and more can be components of a flexible … Continue Reading

By The Numbers: How Working Moms & Dads Compare in Salary and Job Satisfaction

CareerBuilder.com has released its “Mother’s Day Survey” comparing working moms and dads in categories such as salary, title, and job satisfaction. The conclusion: “While salary data indicates that female breadwinners may have a tougher time making ends meet, working moms in general tend to be happier in their jobs.” The study was conducted between February … Continue Reading

Court Turns Searchlight on Unpaid Interns in Film and Entertainment Industry

On Tuesday, a federal court judge in New York ruled that Fox Searchlight Pictures violated federal and state wage laws by not paying production interns.  The production interns, Eric Glatt and Alexander Footman, worked on the psychological thriller “Black Swan” performing work such as reconciling purchase orders and invoices, drafting cover letters, filing, making copies, arranging … Continue Reading

Florida Appellate Court Applies Amended Misconduct Standards for Unemployment Compensation Benefits

In August 2011, we blogged about the amendments to the unemployment compensation statutes, which included a new definition of misconduct (see Florida Employers Get Immediate Unemployment Compensation Relief).  The definition of misconduct is: A violation of an employer’s rule, unless the claimant can demonstrate that:  He or she did not know, and could not reasonably … Continue Reading

Court Says Employer Not Liable for Unreported Work Time

        The Sixth Circuit Court of Appeals affirmed dismissal of a lawsuit under the Fair Labor Standards Act brought by an employee who failed to follow her employer’s policy for reporting uncompensated work time.  In Margaret White v. Baptist Mem’l Health Care Corp., the employer, Baptist Memorial Health Care Corp. (“Baptist”), automatically … Continue Reading

The Fifth Circuit Says Employer Can Privately Settle FLSA Claims Without DOL or Court Approval

For over 30 years, the federal courts in Florida (and in other states) have required that settlements of minimum wage and overtime claims under the Fair Labor Standards Act (“FLSA”) be reviewed and approved either by a court or the US Department of Labor.   Now, one court, the Fifth Circuit Court Of Appeals, the federal … Continue Reading

Federal Appeals Court Says DHL is Not Liable for Overtime to Its Contractor Drivers

The Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, recently ruled that DHL was not liable for overtime under the Fair Labor Standards Act (“FLSA”) for hours worked by independent drivers it had hired through a third-party contractor.  In the case, Layton v. DHL Express (USA), Inc., DHL Express (USA) Inc. contracted with a separate … Continue Reading

United States Supreme Court Says Pharmaceutical Reps are FLSA Exempt Outside Salespeople

The U.S. Supreme Court handed the pharmaceutical industry a huge victory in the battle over whether pharmaceutical sales representatives are entitled to overtime under the Fair Labor Standards Act (“FLSA”). The pharmaceutical industry took the position that its sales representatives were exempt from the FLSA’s overtime requirements as exempt outside salespeople. The sales representatives argued … Continue Reading

Failure to Notify Carrier of Workers’ Comp Injury Could Foreclose Employer’s Defenses in Subsequent Law Suit

A recent case from Florida’s Third District Court of Appeal, Ocean Reef Club, Inc. v. Wilczewski, highlights the importance of employers reporting workplace injuries and illnesses to their workers’ compensation carrier.  Although the Third District Court of Appeal has jurisdiction over only Miami-Dade and Monroe Counties, employers throughout the State should take notice. The plaintiffs in … Continue Reading

Unpaid Internships = Cheap Labor? Think Again.

In the third of three recent wage and hour class actions brought by unpaid interns against  media and entertainment companies (Wang v. The Hearst Corp. and Glatt and Footman v. Fox Searchlight Pictures, Inc.), a former unpaid intern for the “The Charlie Rose Show” has sued Charles Rose and his production company on behalf of all interns … Continue Reading

NLRB Says No to Requiring Employees to Sign Arbitration Agreements Prohibiting Group or Class Action

On January 3, 2012, the National Labor Relations Board (NLRB) ruled in D.R. Horton, Inc., that requiring employees, as a condition of employment, to sign an arbitration agreement prohibiting them from filing collective or class actions for employment-related claims violates the law.  The decision involved an overtime case brought by Michael Cuda against his employer, … Continue Reading

If an Employee Works Overtime and No One Knows Will the Employer Be Liable? A Recent Case Says, "No."

We have all heard the riddle of whether a tree that falls in a forest with no one present makes a noise. A federal appellate court sitting in Indiana faced a similar question regarding a former employee’s claim for overtime compensation under the Fair Labor Standards Act (FLSA). In the case of Kellar v. Summit … Continue Reading

Love That Tender: Mooting an FLSA Action

On September 20, we posted, Was Dionne The FLSA Magic Bullet We Thought?, which discussed recent cases under the Fair Labor Standards Act (FLSA) where the employer tried to moot the lawsuit by tendering the back pay and liquidated damages claimed by the former employee.  As a refresher, in Dionne v. Floormasters Enterprises, Inc., the … Continue Reading

Was Dionne The FLSA Magic Bullet We Thought?

Has the Eleventh Circuit Court Appeals provided employers with a means to resolve a Fair Labor Standards Act (FLSA) lawsuit quickly and avoid paying attorneys’ fees or has the plaintiffs bar already revised its litigation strategy?  The federal appeals court with jurisdiction over Florida, Georgia, and Alabama recently denied attorneys’ fees to a plaintiff suing … Continue Reading

Florida Employers Get Immediate Unemployment Compensation Relief

Florida’s unemployment compensation law was substantially changed this summer.  This is good news for Florida employers.  So what are the changes employers should cheer? (1)   Misconduct has been redefined.  It is harder for terminated employees to get unemployment compensation.  Under the new law, misconduct is now defined as any action that demonstrates “conscious disregard of an … Continue Reading

Federal Appeals Court Agrees with NLRB That a Confidentiality Provision in an Employment Agreement Violated the Law

As discussed in an earlier post (NLRB OKs Employee Bad-Mouthing on Social Media), the National Labor Relations Board is not just in the business of regulating union activity.  According to law, two or more employees (regardless of union affiliation) are protected in acting together to improve the conditions of their employment, including wages and hours. This is … Continue Reading

Southern Hospitality Welcomes E-Verify: Tennessee and Alabama Governors Sign Laws Mandating Use of E-Verify

  Tennessee and Alabama joined the growing list of states requiring certain employers within the state to use E-Verify when hiring new workers.  The Alabama law broad implications for individuals who are unlawfully present in the United States.  Below, we will highlight the aspects of the statutes that impact employers doing business in Tennessee and … Continue Reading
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