The Federal Fair Labor Standards Act (FLSA) requires that covered employees who work more than forty hours in a week be paid overtime.  However, the statute contains a number of exemptions removing certain groups of employees from the law’s protections.  These “exempt” employees are not entitled to overtime pay when they work more than forty hours in a week, whereas “non-exempt” employees must be paid at the higher overtime rate for excess hours.

Continue Reading Supreme Court Expands FLSA Exemptions to Include Auto Dealership Service Advisors

Photo: Yagan Kiely via Flickr (CC by SA 2.0)

Technological advances over the past several years including laptops, smartphones, and widely-available wi-fi, have made it a lot easier for people to get work done remotely.  And while many appreciate the flexibility and increased productivity that these advances provide, some lament that the ability to work anywhere, anytime has morphed into an expectation to work everywhere, all the time.

Continue Reading Should Employees Have a Right to Disconnect?

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The EEOC announced on February 27, 2018 that it had reached a settlement in the agency’s first lawsuit alleging that parental leave policies which granted more rights to mothers discriminated against new fathers.  Details of the settlement were not announced.

Continue Reading EEOC Settles Paternity Leave Case: Will Dads Be Getting Equal Time?

With news of US Immigration and Customs Enforcement (ICE) agencies raiding nearly 100 7-Eleven stores across 17 states in the US demanding employment verification from managers, TerraLex recently asked me to discuss what considerations employers and employees should keep top of mind if an onsite raid occurs.  Here is my response for a TerraLex publication:

Continue Reading What to Do If an Onsite ICE Raid Occurs?

This week, the Massachusetts Supreme Judicial Court ruled that unused accrued sick time does not constitute “wages” that must be paid upon termination under the Massachusetts Wage Act.  This decision, Mui v. Massachusetts Port Authority, resolves a previously unsettled question in Massachusetts wage and hour law.

Continue Reading Massachusetts High Court Rules That Unused Accrued Sick Time Is Not “Wages”

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Long gone are the days when employers could prohibit employees from talking about their pay with each other, including bonuses, pay raise rates and/or paid benefits and/or to fire them for doing so. It is illegal for an employer to take any such action under NH law. The rationale behind RSA 275:41-b is to attempt to level the playing field when it comes to pay inequality in the workplace.

Continue Reading What Can an Employer Do When Employees Talk About Their Pay?

This is part 2 of a 2 part series.  To read part 1, click here.

Now that you have read the top 5 NH Labor Law Violations, keep reading – you don’t want to get caught out on the last 5!: https://www.nh.gov/labor/inspection/violation-free.htm

Continue Reading New Year and New Opportunity to Avoid Top Labor Law Violations! Part 2

Last week, the Department of Labor issued new guidance on whether interns are “employees” covered by the Fair Labor Standards Act’s minimum wage and overtime provisions.  In the updated guidance, the DOL has adopted the “primary beneficiary test,” first applied by the U.S. Court of Appeals for the Second Circuit in 2015, and used by a growing number of courts in recent years.

Continue Reading DOL Issues New Guidance on Unpaid Internships

This is part 1 of a 2 part series.  To read part 2, click here.

At the end of 2017, the New Hampshire Department of Labor (DOL) published its annual list of “Top 10 New Hampshire Labor Law Violations.”  While the list does not change that much from year to year, it is a good opportunity to review pay and record keeping practices to ensure compliance with NH law.

Continue Reading New Year and New Opportunity to Avoid Top Labor Law Violations! Part 1

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This week, The Boston Globe reported on a growing trend in the nation’s workplaces: more and more fathers are complaining that they are experiencing discrimination in the workplace because of their family obligations.

Continue Reading More Fathers Are Complaining About Discrimination In The Workplace