News & Analysis as of

Email Fair Labor Standards Act (FLSA)

Sherman & Howard L.L.C.

Tracking Employee Hours In A Work From Home World

With employees continuing to work from home for the foreseeable future during the COVID-19 pandemic and beyond, keeping track of employees’ hours is a whole different ball game. Work schedules may not be as clearly defined...more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Constangy, Brooks, Smith & Prophete, LLP

Email Etiquette Can Prevent, And Help You Defend, Lawsuits

The litigator's secret weapon: good manners. William Hanson, the etiquette columnist for the Daily Mail, provides fun and snarky advice on how to be polite. Last week, he had a column on email etiquette, which got me...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - October, 2018

Kavanaugh and the Congressional Schedule. Earlier today, by a vote of 51-49, the U.S. Senate ended debate on the nomination of Judge Brett Kavanaugh to the Supreme Court of the United States. ...more

Holland & Knight LLP

Food and Beverage Law Update: February 2018

Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

Foley & Lardner LLP

Off-Duty Emails May Be Compensable (or Not)

Foley & Lardner LLP on

After living with the reality of after-hours work emails, texts and cell phone calls for so many years, no one should be surprised that the Fair Labor Standards Act (FLSA) (29 U.S.C. § 201 et seq.) requires employers to pay...more

Jackson Lewis P.C.

City Of Chicago Not Liable For Police Officers’ After-Hours Smartphone Use, Seventh Circuit Affirms

Jackson Lewis P.C. on

The City of Chicago lacked either actual or constructive knowledge that members of the Chicago Police Department were performing after-hours work on their smartphones, the Seventh Circuit Court of Appeals has ruled, affirming...more

Franczek P.C.

City Not Liable For Chicago Police Officers' Blackberry Work Time

Franczek P.C. on

If a tree falls in the forest but there is no one around to hear, does it make a sound? If a non-exempt worker answers an e-mail message after hours on her Blackberry but fails to put in for overtime, has she performed...more

Manatt, Phelps & Phillips, LLP

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

McNees Wallace & Nurick LLC

Next on DOL’s Agenda: Mobile Device Use Outside Work Hours

It appears that the U.S. Department of Labor intends to remain busy through the rest of the summer. After releasing in June a Notice of Proposed Rulemaking seeking public comment on proposed changes to the Fair Labor...more

Stinson LLP

Ambush Elections and Access to Email - A Bad Combination for Employers

Stinson LLP on

Late last week, the National Labor Relations Board (NLRB) made a combination of moves that present significant challenges for employers. First, the Board issued its decision in Purple Communications, Inc., allowing employees...more

Burr & Forman

Purple Communications Update

Burr & Forman on

By now, you have probably heard about Purple Communications, Inc., the NLRB's December 11, 2014 decision concerning company email accounts. The agency ruled that employees with access to company email systems "in the course...more

Maynard Nexsen

New Year: Resolve, Review, Revise

Maynard Nexsen on

The new year is a time for reflection. With that reflection often comes a resolve for change, from small modifications of some old habits to wholesale new beginnings and everything in between. From a business perspective,...more

Partridge Snow & Hahn LLP

Employers - Be Prepared to Revise Your Email Policies

It’s official; the longstanding rule of the National Labor Relations Board (NLRB) that employees have no statutory right to use work email for communications with each other regarding unionizing activities has changed. On...more

Mintz - Employment, Labor & Benefits...

Did the NLRB Really Just Grant Employees the Presumptive Right to Use Employer-Provided Email Systems? We Break Down the Purple...

In a 3-2 decision divided along party lines, the National Labor Relations Board has ruled that employees have a presumptive right to use their employers’ email systems during non-working time to discuss unionization and the...more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - November/December 2014

NEWS & ANALYSIS - NLRB changes longstanding rule for deferral to arbitration awards - The National Labor Relations Board has had a busy December with four major new developments. We have already reported on two of the...more

Troutman Pepper

NLRB Protects Workers’ Right to Use Employer Email Systems for Union Activities

Troutman Pepper on

The National Labor Relations Board (NLRB or Board), in its December 11 Purple Communications, Inc. and Communications Workers of America, AFL–CIO decision, reversed certain Board precedent on employees’ use of employers’...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Employment Law Authority - December 2014

In This Issue: - Justices Issue Pro-Employer Rulling in FLSA Case - Ogletree Deakins Named A "Law Firm of the Year" - California Mandates Anti-Bullying Training for Supervisors - OFCCP Issues Final...more

Robinson & Cole LLP

The Gift-Giving Season? Three “Game-Changing” Employment Developments Impacting Manufacturers

Robinson & Cole LLP on

The approaching holidays may have put Congress, the National Labor Relations Board and the United States Supreme Court in the “gift-giving” mood. In the last week, three significant developments occurred which may radically...more

Constangy, Brooks, Smith & Prophete, LLP

Post-Apocalypse (Well, Post-Vacation, Anyway) Employment Law Roundup

Happy new year, everybody! Although I've been on vacation, the news never sleeps, and the Mayans were wrong. Accordingly, I have a few items to catch you up on....more

Cozen O'Connor

The "Work Through Lunch" E-Mailing Dilemma

Cozen O'Connor on

One of the biggest employer pitfalls that I regularly discuss is the failure to pay for all hours worked by an employee when (1) the employee is performing work after hours and off premises using social media, or some...more

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