I ❤️ being a lawyer

I ❤️ being a lawyer. It presents something new and different each day, with each day offering an opportunity to learn.

For example, yesterday I read the 6th Circuit’s decision in Jones v. Producers Service Corp., which asked this question: "Under § 207(f) of the FLSA, when do an employee's job duties 'necessitate' irregular hours?"

“DEI” is not a 4-letter word

"DEI" is not a 4-letter word … no matter what some people want you to believe.

Companies such as Sherwin-Williams are scrapping their internal use of the words "Diversity," "Equity," and "Inclusion," and are replacing them with words such as "Belonging" and "Culture."

WIRTW #708: the “boys like you” edition

Tomorrow night, I'll be at the Rock & Roll Hall of Fame trying not to be a nervous wreck during the finals of the Tri-C High School Rock Off. The reality, however, is that no matter the result's, Norah has already won. 

She advanced to the finals, joining 11 of the best high school rock bands in the country in one the premium events for high school musicians nationwide.

She got great, constructive feedback from the panel of music industry people that judged her semifinal round, and will do so again in the finals.

She's received some great recognition and press (including recording an episode for the Rockin' the Suburbs podcast that aired earlier this week). 

And she went into the studio at Tri-C to record a song for the Rock Off's compilation album. "Boys Like You" — a jangly piece of acoustic power pop that will get stuck in your head — released today. You can listen to it here.

Rock Off tickets are still available for purchase (code: norah), but don't wait too long. This event is always a sell-out. 

If you're attending, Norah plays at 7:10 pm. If you're not attending but want to know where else you can see her play, click here for a full list of her gigs. (Pay close attention to the one on May 19 … it's a biggie.)

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Here's what I read this week that you should read, too.

When dealing with the FLSA, “administrative” may not mean what you think it means

It's really unfortunate that when Congress, in 1938, enacted the Fair Labor Standards Act it chose the label "administrative" for the law's broadest white-collar overtime exemption. That one word has caused more misunderstanding, confusion, litigation, and legal fees than any other word in the FLSA.

"Administrative" does not mean any employee who performs office or other non-manual work. Instead, it means any employee who earns a minimum salary of $684 per week AND who performs office or other non-manual work for which the employee's primary duty: (i) is directly related to the management or general business operations of the employer or the employer's customers; and (ii) includes the exercise of discretion and independent judgment with respect to matters of significance.

These issues were just front and center in Blackstone v. Dearborn Life Ins. Co.

IVF discrimination = sex discrimniation

With in vitro fertilization all over the news for the past week, it's time for this important public service announcement — IVF discrimination = sex discrimination.

Courts have long held that Title VII's definition of "sex" (as expanded by the Pregnancy Discrimination Act) unequivocally includes infertility treatments.

WIRTW #707: the “mojo” edition

One, two, three, four
There's a plague on the planet
And they went to law school
A bunch of hornswogglers
Treat us like fools
Know who I'm talkin' about
Let me hear you shout

Destroy all lawyers

Destroy all lawyers

Bunch of evil weasel poseurs

Destroy all lawyers

Watch them push them papers

And bend them laws

Will the chump with the most money

Buy them all?

Grab them by their tails

Spit in their eyes

Well they charge you by the minute

While we get paid by the hour

What I want to know

Is how they steal all this power?

[Chorus]

They got, they got their own bar

Where they drink pints of greed

Let's spay and neuter 'em

So that they can't breed

So let us

Is at the bottom of the sea

Well they're not even evil

Yeah, they're worse than the devil

Gonna blow up the planet

Charge God double

[Chorus] 

R.I.P. Mojo Nixon. 

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Here's what I read this week that you should read, too.

Pumping up employee lactation rights

Employers, hear to me now and believe me later — it is unacceptable to force a lactating employee to pump her breast milk in an open stockroom corner or in an open office.

That's precisely, however, what two McDonald's employees allege happened to them in two different stores.