President Obama issued an executive order last week that would expand the pool of workers eligible for overtime pay under the Fair Labor Standards Act (“FLSA”). You may or may not already be familiar with the overtime portions of the FLSA; in case you aren’t, we will provide you with…
About a month ago, the 4th Circuit affirmed a decision from the District Court of Maryland in a wage and hour collective action brought against Rite Aid. In the case, a number of pharmacists brought suit alleging that the pharmacy’s policy of allowing for unpaid personal leave only in full-day…
The 8th Circuit recently affirmed that undocumented workers are entitled to the protections of the Fair Labor Standards Act. In Lucas v. Jerusalem Café, the court ruled in favor of six restaurant workers who claimed their employer willfully violated the FLSA. The workers, Guatemalan nationals without U.S. work authorization, were…
First up, the EEOC has taken action that was mentioned in its FY2013 strategic plan by more aggressively pursuing the use of criminal background checks as a type of disparate impact discrimination- where a facially neutral policy unfairly discriminates against people in a protected class. Essentially, the EEOC argues that…
First up, one commentator has criticized the use of the term “wage theft,” arguing that employers that fail to pay correct wages just do so out of forgetfulness or confusion, rather than out of a desire to save money. Besides the ridiculous assumptions and tone of the post, which argues…
After a brief hiatus, I’m happy to report that you will be again be able to check this blog for updates on timely, interesting, and sometimes crazy stories from the world of employment and labor law. Although our posts will probably not be up as often as they were last…
Here are a couple additional links to some employment law developments from the holiday season. Still catching up on news from the past couple of weeks, but check back soon for more posts on some new employment and labor law items. On December 15, the NLRB overturned its longstanding precedent…
I hope everyone has managed to stay safe and as dry as possible over the past few days. With Hurricane Sandy starting to move out of the region Tuesday evening, I wanted to post about a few issues employers and employees face in the wake of a natural disaster. The…