Consensus starting to form around reasonable reporting rules for off-the-clock overtime pay

It’s been a few years since the 6th Circuit held, in White v. Baptist Memorial Hosp., that an employer is not liable for unpaid overtime if the employee fails to follow an established, reasonable process for to report uncompensated work time.

Yesterday, following the logic of White, the 5th Circuit reached a similar conclusion:

Guest Post: Social Business and HR, Part 2

By Mike Wise

First, thanks again to Jon Hyman for the chance to write on a different but related topic – Social Business. As I mentioned in Part 1, I’m finding that a surprisingly high percentage of HR folks have not yet tapped into the incredible power of the Social Web. Perhaps this series will be helpful, at least at a high level. Feel free to question or comment in the Disqus form at the end of the post.

In Part 1 of this 3-part series on Social Business, the subject was Online Reputation Management. In this Part 2, the focus will be on Social Business and Internal Communications. We will finish the series in Part 3 with a look at the 3 R’s - Recruiting, Recognition, and Retention and how Social Business amplifies those efforts.

DOL doubles down on joint employment under the FMLA

Yesterday, we looked at the DOL’s recent guidance on joint employment under the Fair Labor Standards Act. Simultaneously with its FLSA guidance, the DOL also published guidance on joint employment under the FMLA, and it’s definitely worth you time.

The federal assault on joint employment continues

First it was the NLRB. Next it was OSHA. Now, the Department of Labor’s Wage and Hour Division is taking its turn cracking down on joint employment.

Last week, the WHD launched a microsite entitled, Joint Employment under the FLSA. Most notably, this site included the publication a new Administrator’s Interpretation, which picks up the NLRB’s liberalized joint employer standard by relying on indirect or potential control, in addition to actual control, as the lynchpin of joint employment.

WIRTW #397 (the “Woodstock” edition)

I'm well aware that I write a lot about my daughter’s music, but I do so because (a) I know a lot you enjoy it, and (b) I’m a really proud dad. Today, I’m doing so again, because last Saturday Norah blew me away. Her “Psychedelic 60s” show closed with the Jefferson Airplane classic “Somebody to Love”, with Norah absolutely killing it on lead vocals.


You have another chance to catch the show live, tomorrow at the Music Box Supper Club. Norah’s band takes the stage at 1 pm, and the show is free.

Here’s the rest of what I read this week:

SCOTUS calls a balk on attempted class-action pick-offs

It’s been almost three years since the Supreme Court decided, in Genesis HealthCare Corp. v. Symczyk, that an employer moots an FLSA collective action when the named plaintiff rejects an offer of judgment that would have satisfied all of the claims brought in the case.

Or did it?

Appellate court reinstates sex-discrimination claim of transgendered worker

A federal appellate court reinstated the sex-discrimination claim of a transgender auto mechanic. Credit Nation Auto Sales fired Jennifer Chavez less than three months after she notified it of her gender transition.

The employer argued that it fired her because it caught her sleeping in a customer’s vehicle while on the clock. Even though the court concluded that the employer’s reason was “true and legitimate”, it nevertheless reversed the trial court’s dismissal of the sex-discrimination claim.