Each and every week, there seems to be a breaking story that I just can’t get to, and there’s a half-dozen other bloggers who’ve already said all there is to say about it. This week proved no exception. On Wednesday, the Department of Labor issued the second Administrator’s Interpretation from its Wage & Hour Division. This Interpretation concludes that the time spent by employees donning and doffing (that is, putting on and taking off) protective equipment required by law is compensable and must be paid. It also means that an employee’s work day begins with the donning of required protective equipment and ends with its doffing, and all of the time in-between is payable work-time. For more on this important wage and hour issue, please read the thoughts of my fellow bloggers:
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Employees Must Be Paid for Donning, Doffing Required Protective Gear – from Human Resources News
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US DOL Issues New Adminstrator Interpretation – from What’s New in Employment Law?
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Redefining Clothes - DOL Edition – from Philip Miles’s Lawffice Space
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Wage and Hour Division Changes Interpretation of FLSA Clothes-Changing Provision – from Washington Labor & Employment Wire
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DOL redefines “clothes” – from LawMemo Employment Law Blog
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DOL Issues Administrator’s Interpretation on Definition of “Clothes” and Whether Changing Clothes is a Principal Activity – from Texas Employment Law Update
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DOL Issues Administrator Interpretation On The Definition Of “Clothes” – from Laconic Law Blog
Here’s the rest of what I read this week:
Wage & Hour
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Lessons from E. coli: Plan or Perish – from Stephanie Thomas at Compensation Cafe
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Will You Take Back Lunch? – from Workplace Diva
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“Realignment” Of Sales Territory Defeats FMLA Claim – from FMLA Insights
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Important Development in Class Action Law: Indemnification Agreement Upheld – from Wage & Hour - Development & Highlights
Discrimination
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Most Job Discrimination Suits Win, at Best, Small Settlements, Study Says – from ABA Journal Daily News
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Tenth Circuit says position held by a temp is not “vacant” for purposes of the ADA – from Employment Law Matters
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You don’t have to retain insubordinate employees – from Sindy Warren at the Warren & Hays Employment Law Blog
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When employee complaints fall on deaf ears – from HR Cafe
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DeepNet: The Final Frontier for Employment Law? – from The Proactive Employer
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Ban Beauty Bias? (And The Horse It Rhode In On...) – from Discriminations
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Too Sexy for My Bosses: Why lawsuits based on looks discrimination—even good ones—are a bad idea – from Richard Thompson Ford at Slate
Social Networking
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Discovery of Social-Media Profiles – from Molly DiBianca’s Going Paperless
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Social Networking Sites: Savvy Screening Tool or Legal Trap? – from New York Labor & Employment Law Report
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Social Networking Sites and Employment: Watch Out for GINA – from Strategic HR Lawyer
Technology
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Computer Fraud and Abuse Act: Current Developments – from Fitzpatrick on Employment Law
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Computer Forensics and Personal Computers in Business Cases – from Ride The Lightning
Labor Law
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The State of the Employment Law Practice - “Boom Times” for the NLRB – from Dan Schwartz’s Connecticut Employment Law Blog
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EFCA’s Obituary – from EFCA & Labor Law Reform Blog
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Gagging Employers – from The ChamberPost
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Is Obama’s NLRB Looking to Suppress Worker Votes in Union Elections? – from LaborUnionReport.com
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