Category Archives: Fair Labor Standards Act

Note Limited Time to File Employment Discrimination Charge!

14 Saturday Jun 2014

Posted by in Anti-Retaliation, Bullying, Disabilities, EEOC, Employment Law, Fair Labor Standards Act, Gender Discrimination, Harassment, Hostile Work Environment, Minimum Wage, Overtime, Pregnancy Discrimination, Race Discrimination, Sexual Harassment, Wrongful Termination

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Time Limits For Filing A Charge, U.S. Equal Employment Commission

http://www.eeoc.gov/employees/timeliness.cfm

The anti-discrimination laws give you a limited amount of time to file a charge of discrimination. In general, you need to file a charge within 180 calendar days from the day the discrimination took place. The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. The rules are slightly different for age discrimination charges. For age discrimination, the filing deadline is only extended to 300 days if there is a state law prohibiting age discrimination in employment and a state agency or authority enforcing that law. The deadline is not extended if only a local law prohibits age discrimination.

Note: Federal employees and job applicants have a different complaint process, and generally must contact an agency EEO Counselor within 45 days. The time limit can be extended under certain circumstances.

Regardless of how much time you have to file, it is best to file as soon as you have decided that is what you would like to do.

Time limits for filing a charge with EEOC generally will not be extended while you attempt to resolve a dispute through another forum such as an internal grievance procedure, a union grievance, arbitration or mediation before filing a charge with EEOC. Other forums for resolution may be pursued at the same time as the processing of the EEOC charge. . . .

Duty to Arbitrate Survives End of Employment Contracts.

05 Saturday Apr 2014

Posted by in 6th Circuit Court of Appeals, Arbitration, Arbitration, Collective Bargaining, Employment Contracts, Employment Law, Fair Labor Standards Act, United States Supreme Court

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Sixth Circuit Holds That Duty To Arbitrate Survives Expiration Of Employment Contract, Requires Individual Arbitration, by Gregory V. Mersol, Baker & Hostetler

http://tinyurl.com/q7yg9s5

With the Supreme Court having issued a series of decisions overruling many of the roadblocks to the enforcement of arbitration agreements in the class context, we are now seeing more courts fill in the gaps as to whether and when employers may rely on such agreements.

The latest of these is the case of Huffman v. The Hilltop Companies, LLC, Case No. 13-3938 (6th Cir. Mar. 27, 2014), which concerned the question of whether the duty to arbitrate and limits to class arbitration extend beyond termination.  In one respect, the decision was obvious, but in another, it represents the growing, if at time reluctant, acceptance by courts of the enforceability of arbitration agreements. . . .

Does Document Review Qualify As The Practice of Law?

16 Sunday Mar 2014

Posted by in Discovery, Document Review, E-Discovery, Employment Law, Fair Labor Standards Act, Overtime

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The Contract Attorney Overtime Case Against Skadden, Arps/Tower Legal Has A New Twist, posted by mrposse, The Posse List Bog

http://perma.cc/BQB7-NU7W

This is a legal question that has not yet been completely resolved. As noted in the post, bar examiners have stated that document review is not the practice of law. Contract attorneys who often perform this work want to know whether it qualifies for overtime. This will be one to watch. -CCE

Texas Federal Court Holds That Intrastate Truck Drivers Are Eligible for Overtime.

27 Monday Jan 2014

Posted by in Employment Law, Fair Labor Standards Act, Litigation, Trial Tips and Techniques

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Federal Court Finds Intrastate Truck Drivers Eligible For Overtime Pay, by Andrew Iwata, Lawyer Up Blog

http://tinyurl.com/mkem29j

In Butcher v. TSWS d/b/a Pot-O-Gold, (S.D. Tex. August 25, 2011), the Southern District of Texas denied an employer’s motion for summary judgment in a case involving FLSA overtime claims brought by truck drivers.  The employer argued that the plaintiffs were subject to the FLSA’s motor carrier exemption (which would mean that the drivers were not entitled to overtime pay) because the plaintiffs work affected the safety of interstate transportation.  Although the plaintiffs never crossed state lines in driving their trucks for the defendant, the company claimed that the employees could have been called upon to drive interstate at any time.  The court acknowledged that under Songer v. Dillon Resources, 618 F.3d 467 (5th Cir. 2010), an intrastate driver may be exempt during periods when the driver ‘could have been called upon’ to drive interstate at any time.  The court acknowledged that under Songer v. Dillon Resources, 618 F.3d 467 (5th Cir. 2010), an intrastate driver may be exempt during periods when the driver “could have been called upon” to drive interstate.

 

New FLSA Regulations for Home Health Care Employees.

21 Saturday Dec 2013

Posted by in Elder Law, Employment Law, Fair Labor Standards Act, Home Health Care

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DOL Extends FLSA Protection to Home Care Aides, by okemployerlaw, Employers Legal Resource Center

http://tinyurl.com/kz5lp7k

Beginning January 1, 2015, new regulations under the Fair Labor Standards Act will require the home care industry to pay its employees minimum wage for hours worked up to 40 hours a week and overtime for a week over 40 hours. It will increase labor costs and could have an impact on the quality and availability of home health care. This except briefly outlines those changes.

Find more information by reading the entire post and FLSA’s Fact Sheet #25 at http://www.dol.gov/whd/regs/compliance/whdfs25.pdf.  -CCE

[U]nder the Fair Labor Standard Act, employers are required to pay employees minimum wage for hours worked up to 40 hours/week and time and half (overtime) for every hour worked over 40 hours/week. Two exemptions to this rule applicable to domestic services employment are the “companionship” exemption and the “live-in” exemption. The new rules narrowly interpret these exemptions thereby extending the FLSA protections to a host of in-home health care workers previously thought to be exempt, including certified nurse assistants (CNA), home health aides and personal care givers.

This Final Rule includes three (3) key changes that employers should be aware of. First, it narrowly defines the tasks that fall under the companionship exemption. Under the new rule, “companionship services” means providing fellowship and protection for an elderly person or person with an illness, injury or disability who requires assistance in caring for herself/himself. Fellowship and protection may include simply talking, playing games, accompanying the person to appointments or on walks, etc. The companion/employee also may directly provide “care” to the ill/elderly person (in addition to fellowship and protection) without losing the exemption, provided the “care” does not exceed 20% of the total hours worked by the employee in a given workweek. “Care” includes assisting with activities for daily living (dressing, grooming, feeding, bathing), and assisting with “instrumental activities of daily living” (meal preparation, driving, light housework, managing finances and physical taking of medications). If an employee spends greater than 20% of his or her time performing “care” in a given workweek, he or she is entitled to minimum wage and overtime. An employee performing medically-related services must be paid the minimum wage and is entitled to overtime.