Supreme Court puts the breaks on the narrow constructions of FLSA exemptions

Photo by Coolcaesar (Own work),
via Wikimedia Commons

Yesterday, in a narrow 5-4 decision, the Supreme Court held that automobile service advisors are exempt from the FLSA’s overtime requirements.

The exemption applies to “salesmen … primarily engaged in … servicing automobiles.” The majority broadly defined these terms to hold that the plaintiffs were exempt.

And while this aspect of the decision is interesting to automobile repair shops and car dealerships, it's the opinion’s broader implications that are more interesting to me.

The 6th nominee for the “worst employer of 2018” is … the sadistic sergeant

Thomas Schiermeyer was already a recruit for the Seaside Park, New Jersey, Police Department, when he applied to the Police Academy for a promotion to an entry-level Officer. 

The application process he alleges in his lawsuit is one that I’ve certainly never seen before, and one to which no employee ever should be subjected.

Don’t sleep on verifying reasonable accommodations

Photo by Nathan Dumlao on Unsplash

George Hirmiz, a front-desk clerk at a Travelodge Hotel, was caught on video sleeping in the hotel lobby while a fight broke out among its guests. After the hotel fired him, he claimed disability discrimination. His disability? An alleged illness that he had contracted from long-term exposure to high levels of electromagnetic voltage at the hotel.

The 7th Circuit had little difficultly affirming the dismissal of his lawsuit:

What does it mean to have “work/life balance”?

What’s your definition of “work/life balance”?

To me, work/life balance means that I have the flexibility to tend to the needs of family when the need arises, and otherwise work when and where I am able.

• No school bus this morning? I’ll get to the office at 9 am instead of 7:15.
• Doctor’s appointment? No worries. I’ll leave the office at 3 and finish up what needs to be done tonight.
• Bad weather? It’s not productive to waste two hours in traffic. I’ll work from home.
• Early evening gig for the kids? I’ll pick them up from school.

Let’s all try to remember to have gender-neutral employment policies

Photo by NeONBRAND on Unsplash

Former New Orleans Saints cheerleader Bailey Davis has filed a complaint with the EEOC accusing her former employer of having one set of rules for its male players, and another for its female cheerleaders.

The Saints fired Davis after it claimed she violated a rule prohibiting cheerleaders from appearing in photos nude, semi-nude, or in lingerie. She had posted a photo of herself in a one-piece outfit to her private Instagram.

OSHA resources to protect healthcare workers

Photo by Natanael Melchor on Unsplash

You might think that construction workers or manufacturing employees have the highest rate of workplace injuries. To the contrary, however, it’s healthcare workers.

On average, U.S. hospitals recorded 6.8 work-related injuries and illnesses for every 100 full-time employees, nearly twice the rate for private industry as a whole. The numbers are even higher for nursing and residential care facilities.

The most typical injuries include overexertion and repetitive stress; slips, trips, and falls; contact with objects; workplace violence; and exposure to harmful substances (including needle sticks).

Thankfully, if you are healthcare employer, OSHA has myriad publications to help.

WIRTW #499 (the “boarding house” edition)

The first time I ever heard of Jack White was August 10, 2001. I read about this up and coming band playing at the Beachland Ballroom. It was two-piece, the “brother” playing guitar and singing, and the “sister” on the drums. I was intrigued enough to check them out. Memory tells me that the first song Jack and Meg played that night was “Dead Leaves and the Dirty Ground.” Setlist.fm says it was “Let’s Shake Hands.” It doesn’t matter. After one song, I was completely hooked, and by the end of their set I had found a new artist to add to my musical pantheon.

Today, Jack White released his latest album, Boarding House Reach. Like everything he does, it rocks. It’s also brilliantly bonkers. Jack White is the mad scientist of 21st century rock ‘n’ roll. Like Bowie before him, Jack does an amazing job of changing things up from project to project, and this one does not disappoint.

Give it a listen:


Here’s what I read this week: