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SCOTUS Asks Where to Draw the Line on FLSA Definition of ‘Clothes’

Spectators could be excused for confusing a recent U.S. Supreme Court oral argument session with an episode of TLC’s What Not to Wear. On Nov. 4, the Court heard arguments in Sandifer v. U.S. Steel Corp.(No. 12-417) which focused on how to define “clothes” versus protective equipment and whether time spent donning those items is compensable. The […]

Which of Your Employees Is About to Pull a "Steven Slater"?

By Stephen D. Bruce, PHR Editor, HR Daily Advisor Just My E-pinion Steven Slater is the Jet Blue employee who “lost it,” deployed the emergency chute, grabbed two beers, and split. There’s a surprising level of empathy for Slater among workers across the country, many of whom said they are so stressed out that they […]

Pension Rights Group Seeks Temporary Freeze on Lump-sum Retirement Payouts

As a growing number of large U.S. companies announce plans to “de-risk” their traditional defined benefit plans to lower their pension obligation and retiree distribution costs, the Pension Rights Center called for a moratorium on such actions until Congress can look into the risks these strategies pose to workers and retirees. On Oct. 17, Verizon […]

Workplace Security: FBI Offers Tips on Protecting Your Workplace

The Federal Bureau of Investigation and the Department of Homeland Security have launched a campaign to help protect workplaces from physical and cyber threats. At the heart of the campaign is a series of posters and a brochure designed to raise awareness and help prevent crime and terrorism in and around the workplace, from robberies […]

Head-in-Sand Management, Dead-in-Water Defense

More often than not, managers avoid giving honest evaluations. Maybe they fear causing hurt feelings or maybe they don’t know what to do, but the result is the same—a lost lawsuit. The solution? The two Cs—Clarify and Coach. A Cautionary Tale—How Many Zeros? One juror explained the simple system his jury had used to determine […]

Up to 88 Hours per Week Without the Paycheck to Prove It

A broadcasting company is in hot water after allegedly failing to pay certain employees minimum wage and proper overtime, according to a U.S. Department of Labor (DOL) press release. The DOL has filed a lawsuit against the company and its owner, alleging that six employees are due $79,445 in unpaid overtime and minimum wages, plus […]

A New Day for Union Relations: EFCA, Obama, and the NLRB

by Mark I. Schickman We have been telling you about a big legislative change to the federal labor law around the corner, titled the Employee Free Choice Act (EFCA). If passed (which appears likely), it will require labor union recognition based on employee petitions without any union election. Of course, that move all but eliminates […]

Suit filed over Trump’s phaseout of DACA: what employers should know

On September 5, President Donald Trump announced that the federal Deferred Action for Childhood Arrivals (DACA) program will be phased out over the next six months. In response, 11 states and the District of Columbia have filed suit, alleging that the repeal of DACA violates the Equal Protection Clause of the U.S. Constitution and the […]