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Employers, Don't be too Quick to Take that IRS "Independent Contractor" Deal

Don't eat that pretty red apple, Snow White!!! It has poison in it!!!! You know the old saying, "If it seems too good to be true, it probably is"? Well, it appears that this may be the case with the new "sweet deal" the Internal Revenue Service is offering to employers who...

Can ADA-disabled employees be required to work overtime?

To prove disability discrimination under the Americans with Disabilities Act (ADA), a plaintiff, at a minimum, must prove that: she is disabled; she is otherwise qualified to perform the job requirements, with or without reasonable accommodation; and she was discharged ...

Email and Overtime: the Brazilian Connection

Saturday can be a very slow news day locally so a teaser for the evening news about a new law that requires the payment of overtime to employees who use it outside of the work place caught my attention. I was wondering how I could have missed something on that topic. Of course, it pulled me in, and...

Perfect Overtime Defense: Plaintiff Never Worked Here! - COTW #95

N avigating overtime pay can be a mine field for employers. Are you properly classifying employees as exempt/non-exempt? Which activities constitute "work" under the FLSA? How are the hours and mandatory overtime pay calculated? But you know who unquestionably does not receive overtime pay...

  • 07-02-2012 | 14:43 PM
  • Author:
May My Company In New York Pay Its Employees In Sweat Equity Instead Of Cash?

Many individual owners of closely held businesses want to hire an employee for the business, but lack the cash flow to do so. Periodically, owners of a cash-strapped, closely held business in New York, who want the business to hire a worker, will ask me whether, instead of paying the worker the minimum...

Working Late -- Are Pharmaceutical Sales Representatives Entitled to Overtime?

In Christopher v. SmithKline Beecham Corp., the United States Supreme Court held that pharmaceutical sales representatives ("PSRs," also known as "detailers") qualify as "outside salesmen" exempt from minimum wages and overtime under the Fair Labor Standards Act (FLSA)....

Is Your Job Too Hard? File a Lawsuit! - COTW #100

Cue the confetti - we have hit Lawffice Space employment law Case of the Week #100! And, it's a great case of the week. It might be one of the most ridiculous employment law cases ever . . . but maybe we shouldn't jump to conclusions . The case is Armstrong v. I-Behavior, Inc. (complaint here...

Scranton, PA Becomes Employment Law Ground Zero

Scranton, PA is perhaps best known as the hometown of the fictional company Dunder Mifflin from The Office . It's actually a real town, and I have found that it has a certain charm. Recently, Scranton has drawn enormous media attention because its mayor cut all city employees' pay to minimum...

Rock 'n' Roll Double Feature! - COTW #101

I have quite a line up for you today - not one, but two, of the greatest music acts of all time. Do you love Motley Crue and Hole? Of course, we all do . . . or did . . . at least a little . . . maybe . . . like 20 years ago. Tommy Lee is perhaps best known for creating the genre of celebrity porn as...

FMLA Back Pay Includes Overtime

In Pagan-Colon v. Walgreens of San Patricio , 2012 U.S. App. LEXIS 18595 [ enhanced version available to Lexis.com subscribers ], the First Circuit held as a matter of first impression that an award of back pay under the FMLA includes overtime. A jury entered judgment in favor of the plaintiff on his...

California Supreme Court Narrows Commissioned Salesperson Exemption

Last week the California Supreme Court continued its trend of issuing employee-friendly decisions, this time in a case involving the commissioned salesperson exemption. In Peabody v. Time Warner Cable , the plaintiff was a commissioned salesperson who sold advertising spots for Time Warner Cable [ an...