It was bound to happen sooner or later. A lawsuit has been filed over the employer’s requirement to check email after hours. More and more employers are issuing Blackberries and their equivalent to employees with the stated or implicit understanding that the employee check email after hours. 
Such a requirement runs right into the Fair
DOL Changes Guidance Regarding Mortgage Loan Officers
Periodically, the Department of Labor issues guidance on interpretation of the regulations and statutes regarding the Fair Labor Standards Act. The FLSA is the statute hat requires overtime pay and payment of minimum wage. The DOL has issued an opinion recently stating that it now believes mortgage loan officers are not exempt employees and are
Employers Must Provide Breaks for Women who Breastfeed
Part of the recently passed Patient Protection and Affordable Care Act contains an amendment to the Fair Labor Standards Act. The amendment requires all employers to provide reasonable breaks and a location for women to express milk for their children. The act supports women who breastfeed their children. The location must be in a
Employees Required to Check Work Email after Hours
Gene Lee writes a good post about whether workers should be paid for checking email after hours. More and more employees are being required to check their email after work. Accoding to a 2008 Pew internet survey, 50% of workers said they check their work email on weekends. 20% of workers said they were required
Independent Contractors Must not be Economically Dependent
Many employers seek to reduce cost by hiring independent contractors to perform some work. The employer does not have to pay benefits to an independent contractor. But, what is an independent contractor? The IRS uses one test to determine whether an employee is a true independent contractor and not just an employee under a
State Workers Lack Wage Protections
State workers have it rough. Yea, they have more job security than many private employees. But, if they are not paid in accordance with the Fair Labor Standards Act, they cannot file suit against their employer. That was the result of the 1999 decision in Alden v. Maine. They also cannot sue their employer
DOL Gets a Failing Grade
Rio Grande attorney, Aaron Ramirez, explains nicely the problems with seeking redress for wage violations from the Department of Labor. As he says, its better to seek relief through a private attorney.
Aaron points out for example that DOL does not normally seek liquidated damages. Liquidated damages is a phrase referring to monies used