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Employees Use of Their Employers’ Email Resources for Union Activities

In Purple Communications Inc., 361 NLRB No. 126 (December 11, 2014) the NLRB reversed established precedent that employees did not have statutory rights to use their employers’ email resources for union activity.  In that case, the Board held that employees that have been given access to their employers’ email systems, must be permitted to use […]

JM
Of Counsel

DOL Adopts Primary Beneficiary Test to Assess Whether Interns are Employees

The U.S. Department of Labor (“DOL”) abandoned its former test for assessing whether interns qualify as “employees” under the Fair Labor Standards Act (“FLSA”). Aligning itself with several appellate courts, including the Ninth and Second Circuits, the DOL now embraces a seven-factor “primary beneficiary” test to distinguish employees from bona fide interns. The test enables […]

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Ninth Circuit Holding Regarding FLSA Minimum Wage Compliance

A unanimous Ninth Circuit Panel on November 15, 2017, joined other circuits in holding that the appropriate methodology for determining minimum wage compliance under the Fair Labor Standards Act during any workweek is by calculation of the pay earned during the entire workweek, rather than the pay earned in each individual hour of the workweek. […]

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JR
Of Counsel