WIRTW #434 (the "Fruity Tunes" edition)

In the name of equal time, I present the set from Donovan’s recent School of Rock performance. His band—Fruity Tunes—played a tight five song set, and even features Donovan taking some vocal responsibilities on Beck’s E-Pro.

While he’s still developing as a musician, there is no doubt that he loves the stage and performing. And, if the crowed leaves entertained, who cares if you miss a few notes here and there, right?


Here’s what I read this week.

Lawsuit highlights the risk of unpaid training time

Employment Law 360 reports that Hawaiian Airlines has been sued by a group of employees claiming that their mandatory unpaid 10-day customer service training course violated the Fair Labor Standards Act.

According to court papers, trainees learned things like federal regulatory requirements and how to use a standard airline software system. … The suit claimed the Fair Labor Standards Act and state law required trainees be paid at least minimum wage “because, among other things, attendance was mandatory, the course material was related to the trainee’s job, and attendance was during regular working hours.”

Atoning for employers’ biggest sins #employmentsins

Today is Yom Kippur, the Jewish Day of Atonement, the day on which we make peace with God for all of the sins we’ve committed over the past year. On Rosh Hashanah God writes each person’s name in Book of Life. Over the next 10 days, Jews seek forgiveness for wrongs done against God and other human beings. During Yom Kippur, each individual makes their personal petitions to God, and hopes for forgiveness for the upcoming year. If all goes well, when God closes the Book of Life at the end of Yom Kippur, your name remains and your soul is safe for another year.

Court rules employers cannot take overtime credit for paid lunches

The Fair Labor Standards Act does not require paid lunches for employees. Indeed, quite to the contrary, the FLSA provides that meal breaks (presumptively defined as breaks of more than 20 minutes during which the employee is totally relieved of his or her work duties) can be unpaid.

What happens, however, to an employee’s overtime compensation if the employer pays an employee for non-working lunches? Is the employer entitled to use the extra compensation for the paid lunches to offset other overtime compensation?

From the archives: The art of the apology

I’ve been thinking all weekend whether to write about Donald Trump’s 2005 hot mic embarrassment, and, if so, what I’d write about. After all, I’ve already recently written about plagiarism and your b.s. meter in the wake of Melania Trump’s RNC speech, victim blaming sexual harassment victims in the wake of Donald Trump’s comments about his hope for his daughter’s reaction to workplace harassment, and, perhaps most critically, the importance of discourse in setting appropriate tones and modeling appropriate conduct in the workplace and beyond.

Then I saw Mr. Trump’s non-apology, and I had my theme.

WIRTW #433 (the "I feel love" edition)

Today, I thought I’d share some recent love the blog has received around the interweb.

First up, Feedspot’s Top 100 Legal Blogs, which ranks yours truly at number 34 overall, and the top labor and employment law blog.

Next, Northeast Ohio’s ERC, which included me on its recent list of the Best HR Blogs (as the lone legal blog).

Third, Justipedia, which lists me as one of the Top Employment/Labor Attorneys to Follow on Twitter.

Finally, The Expert Institute nominated the blog as one of 2016’s best litigation blogs. If you’re inclined, you can even jump over and vote to move me up the list.

Thank you to each of these resources for including me. Each contains a plethora of blogs and tweeters that are worth checking out. I know I found some new resources to follow, and I’m confident you will too.

NLRB takes one on the chin in appellate decision

I am no fan of the NLRB and its aggressive agenda over the past few years. And, it appears I don’t stand alone.

Check out these scathing words from the D.C. Circuit Court of Appeals in Heartland Plymouth Court MI v. NLRB [pdf], in which the appellate court ordered the NLRB to pay the employer’s $17,649 in legal fees for the Board’s bad faith litigation by continuing to pursue a case that the NLRB knew it could not win. Why? Because the NLRB’s position ran counter to the law of every single appellate court.