Does federal law require overtime payments for more than 8 hours in one day?No.Federal law – the Fair Labor Standards Act – requires overtime payments (1.5 times the regular rate) for hours that are more than 40 in one week.Federal law does NOT require overtime payments for more than 8 hours in one day.Many state…

Is this an ADA disability? – Temporary back pain, with chiropractor’s limitations on lifting and bending.[Morgan v. Allison Crane (3rd Cir 09/04/2024) [PDF] prompted me to ask this.]First, don’t be fooled by “temporary.” Years ago the US Supreme Court held that an impairment must be “permanent or long term” in order to qualify.…

Has the NLRB ruled that Amazon is a joint employer of subcontracted delivery drivers?No, even though recent click-bait headlines are saying this.The NLRB itself has not made such a ruling.An NLRB Regional Director in California has made a “merit determination” which is an early step in a process that could put the issue in front…

Can I opt in to a FLSA collective action without proving the court has personal jurisdiction over MY claim?”No,” according to a recent 7th Circuit decision. A court overseeing a collective action must secure personal jurisdiction over each plaintiff’s claim, whether representative or opt-in, individually. Vanegas v. Signet Builders (7th Cir 08/16/2024) [PDF].A…

Can the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) apply to pre-enactment events?”Yes,” sometimes.The EFAA renders arbitration agreements invalid and unenforceable, at the election of the complainant, in sexual assault and sexual harassment cases. But it applies only to claims that “accrue” after the effective date – March 3, 2022. So…

The 1st amendment is still alive, even for an employee who posted a “shocking” and “highly offensive” message on his Facebook page. The 6th Circuit recently held that a public library violated the 1st amendment when it fired a security guard for posting a meme that said “ALL LIVES SPLATTER” — obviously a crude word…

Can a co-worker’s single racial slur result in employer liability?”Yes,” according to yesterday’s California Supreme Court decision in Bailey v. San Francisco District Attorney’s Office (California 07/29/2024) [PDF].I am unaware of any other court decision, and the California court did not cite one, that holds that a single use of the N-word by…