Blackberry Use by Nonexempt Employees May Qualify as Compensable Time

SeeBlackberry Clicks Can Up Company Costs

-blackberry use may qualify as compensable work time for nonexempt employees

Second Circuit Holds City Fire Alarm Inspector's Requirement to Carry Inspection Documents while Commuting Does Not Qualify as Compensable Time

Singh v. City of New York, No. 06-2969 (4/29/08)
The mere carrying of inspection documents without any other active employment related responsibilities while commuting is not work under the Fair Labor Standards Act (FLSA), except to the extent that it increases the duration of the commute.

Union Organizer Found Subject to Administrative Exemption from OT Requirements

See Savage v. UNITE Here, 05 Civ. 10812, 4/17/08, SDNY (Judge Swain)

-independent judgment and discretion vital to union mission, nonmanual nature of work recognized

Ohio State Workers Face Less Flextime in Order to Ensure Staffing of Offices

See "Ohio State Workers are coping: It's now 8 to 5, with a 5-day week," NYT, 4/26/08, at A15

-Governor Strickland urges need to staff offices better, but unions and workers oppose-flextime, telework will be less available

Congress Debates Bill to Ease Statute of Limitations on Pay Discrimination Lawsuits

See "GOP set to block bill easing limits on pay discrimination suits," NYT, 4/23/08, at A11

-Lilly Ledbetter Fair Pay Act
-would strike Supreme Court Ledbetter v. Goodyear Tire decision re six month statute of limitations

Ecolab Exterminators Deemed Exempt Under Retail Sales Exemption

See English v. Ecolab, Inc., 06 Civ. 5672, SDNY (3/31/08)

-flexibility to schedule calls, base salary plus commissions, 75% of sales are retail sales

Triple Damages Now Available in Massachusetts Wage and Hour Cases

See "Triple Damages in Wage and Hour Cases Now Law in Massachusetts," law.com website (subscription required), 4/17/08

See also Triple Damages in Massachusetts

Dancers for Hire at Queens Club Claim They Are Misclassified as Independent Contractors

-See "Dancers for hire at Queens Club Claim Wage Violations", NYT, 4/10/08, at B3

-Flamingo dancers paid fines when missed days of work and paid $11 fee to enter club

-dancers earned $2 per dance but no other wages

-plan to file federal lawsuit