NLRB Just Expanded Its Authority to Find an Employer Violated the Act when Banning Non-Employee from Worksite.
By Management Labor Lawyer | | NLRB
The Obama-era NLRB is determined to go out with a bang. The brief facts of this case, decided by a 2-member majority of pro-union Board Members, is as follows: A beverage supervisor worked at a casino for less than one month. After her employment ended, she frequently socialized at the casino’s nightclub. Six months after…
Read More How Are Truck Drivers Exempt from Overtime?
By Management Labor Lawyer | | Employment Law
A truck driver sued his employer claiming that he was eligible for overtime. He lost. For the trucking companies reading this blog, you know about MCAE (Motor Carrier Act Exemption), SAFETEA (Safe, Accountable, Flexible, Efficient Transportation Equity Act), TCA (Technical Corrections Act) and GVWR (Gross Vehicle Weight Rating). For the rest of you, you’re about…
Read More Employees Not Paid for Donning and Doffing or Walking to Work Stations OK Pursuant to Union Contract and FLSA § 203(o)
By Management Labor Lawyer | | Employment Law
There is no definition of “work” in the FLSA. Generally, the workday runs from the first to the last “principal activity” of the day. Here, plaintiffs worked in a facility that produces frozen food. Under the terms of their collective bargaining agreement, they were required to change into a uniform after arriving at the facility…
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