Employer Law Blog

On May 22, 2015, the U.S. Court of Appeals for the Third Circuit ruled in a case presenting an FMLA claim that a 14-hour hospital stay did not qualify as an “overnight” stay in order to provide the employee with protection under the FMLA.

Is it enough that an employee who is being harassed complains only to the harasser? The Sixth Circuit Court of Appeals says yes, it is enough.

In 2004, the Department of Labor (“DOL”) updated its regulations addressing the various white collar overtime exemptions. In part, the DOL identified a number of employees which may be exempt under the “administrative exemption.” One of the specific examples listed in the regulations, 29 CFR § 541.203(b), were employees “in the financial services industry,” provided such employee did not have as his or her primary duty the selling of financial products.

On December 9, 2014, the U.S. Supreme Court decided a case addressing when preliminary or postliminary activities at work are compensable under the FLSA.

The short answer – if an employee knows the duration they must tell the employer. If they don’t know the duration, they don’t have to say.