My apologies to Dave Dudley. The song “Six Days on the Road” just doesn’t stand up to the changes we would have to make after the Ninth Circuit’s decision that the state meal and rest break laws are not preempted by federal hours of service laws (though I’m pretty sure that, eyes open wide
FranczekPC
White House Lays Out Flexible Workplace Blueprint for Private Sector
With the German victory in the 2014 World Cup now in the books and baseball finishing up its All Star break (Go Tigers—Cabrera with a 2-run HR, Scherzer with a W!), I wanted to turn my attention this week to the latest push by the White House to encourage change in the private sector workplace…
FLSA Compliance Not That Important? You Might Need a Criminal Lawyer, Too.
Those of you who attended our annual Employment Law Conference this past February know that failing to complete Form I-9 for all new hires can lead not only to civil fines and penalties, but to criminal penalties (If you missed the conference, all of the materials and audio are available here). That’s true for…
Holiday Pay for Employees with Alternative Work Schedules [Wage & Hour FAQ]
With paydays that include the recent July 4th holiday coming up, it is a good time to address a fairly common question for employers whose employees work “alternative” workweek schedules: How should employers handle holidays? For instance, on an HR mailing listserv I participate on, an HR manager recently asked:
Q: One of our departments works four days a week, 10 hours a day. When they submit vacation or sick time, the request is for 10 hours. But how should holidays be handled? Should they get paid 10 hour holidays or 8 hours like the rest of the employees?
Before we get to the answer, let’s make sure we have the same things in mind about “alternative” schedules. Typically, employers implement two types of alternative work schedules, which I’ll generally refer to as “compressed” and “flexible.” A compressed schedule involves working longer but fewer days each week, so that employees complete a full 40-hour week (or 80-hour biweekly periods) in fewer than 5 or 10 work days. Forbes Magazine published an article last year just before Labor Day extolling the virtues of the 4-day workweek, but there are several ways you can create a compressed schedule. The key feature is that a compressed schedule is fixed; there’s no flexibility about when employees report to and depart work each day. The two most common compressed schedules in my experience are:
- The “5/4/9” schedule in which employees work 8 9-hour days and 1 8-hour day in the pay period and get an extra day off every other week.
- The “4-10” schedule in which employees work 4 10-hour days each week of the pay period and have an extra day off each week.
Regardless, employees with a compressed schedule work a total of 80 hours during each biweekly pay period.
As the name implies, flexible schedules are, well, flexible! We’re not talking complete flexibility here; employees typically can’t can come and go at any time. Most flexible schedules have two things in common: a set of core hours when all employees are expected to be at work and flexible time bands that allow employees to vary the hours when they arrive and depart. To give you an example, attorneys at the Social Security Administration’s Office of the General Counsel, my former employer, had to work at least 40 hours each week, but we had flexibility on when we arrived and departed. Attorneys had to report no later than 9:00 a.m. and could leave no earlier than 2:30 p.m. (our “core hours”) but could otherwise work 8 hours anytime between 6 a.m. and 6 p.m. (our “flexible bands”). Want to take a three hour lunch? No problem. Need to leave early for an appointment or come in later so you could get the kids to school? No worries.
So, with these general definitions in mind, how do we handle holidays for workers with a 4-10 schedule?Continue Reading Holiday Pay for Employees with Alternative Work Schedules [Wage & Hour FAQ]
Escheaters Never Prosper, Lord Grantham: Handling Unclaimed Employee Funds
One of the most common reasons that states end up with unclaimed property is money or other property owed to former employees.
As you know, the federal Fair Labor Standards Act requires employers to pay final compensation to their employees, but it doesn’t give you a specific timetable for doing it. Many state laws (like…
When is a Commute Not a Commute? In a Company Car (Well, Maybe)!

In my last post, I outlined the “normal” commuting case after Congress passed the Employee Commuting Flexibility Act (ECFA). The ECFA clarified the applicability of the Portal-to-Portal Act to the payment of wages to employees who use employer-provided vehicles. Clarification was necessary because of two conflicting opinion letters on the topic issued by the DOL…
Heigh-Ho, Heigh-Ho, It’s Off to a Non-Compensable Commute We Go
If only “Heigh-Ho” from Disney’s Snow White had been written sometime in 1938, rather than 1937, maybe my FLSA-influenced version would have had a chance. O.k., on second thought, probably not. But today, one of the more convoluted areas of the FLSA relates to the compensability of travel time. In general, travel time for non-exempt…
Under the FLSA, the NLRB Says Even “Non-Concerted” Activity Can Be Concerted
My colleagues and I have noted repeatedly over the past couple of years that the National Labor Relations Board takes a very expansive view of the National Labor Relations Act, even (and perhaps especially) when the case does not involve a union or any union activity at all. Recently, an NLRB Administrative Law Judge issued…
FLSA Overtime, Minimum Wage Lawsuits Continue to Skyrocket
My colleagues and I talk regularly about the ever-increasing number of wage and hour cases alleging violations of minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA). These cases aren’t going away, which means that I will probably have plenty to blog about over the next year. According to PACER, litigants…
You Load 16 Tons, What Do You Get: A Worthless Franchise!
Despite the focus in recent years on the misclassification of employees as contractors, unfortunately, we continue to see numerous companies ranging from the Fortune 500 to startups make mistakes, albeit mostly unintentional, with their use of “contractors.” Generally, these mistakes are because of misunderstandings (“We agreed to do it this way.”), myths (“She works two…