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November 22, 2010

Newspaper Reporter is Nonexempt

Filed under: Salaries & Pay4:29 pm

In yet another case that demonstrates the difficulty in applying the FLSA’s exemption tests, the federal 9th Circuit Court of Appeals has ruled that a newspaper’s reporters were nonexempt, and therefore entitled to overtime.

The newspaper involved was a Chinese language daily with distribution in Los Angeles, New York, and other U.S. cities. The paper had argued that the employees were exempt under the Creative Professional exemption.  The court disagreed, finding that the newspaper’s articles “lacked the sophistication of the national level papers” and that the reporters didn’t perform sophisticated news analysis or investigational reporting required to qualify under the exemption.

Reporters who routinely just gather and organize news would be nonexempt.  [Wang v. Chinese Daily News, Inc.]


One Job That’s Not So Fun…. TSA Patter-Downer

Filed under: General HR Buzz3:46 pm

With the busiest travel day of the year fast approaching, perhaps all air travelers should take a moment and thank the TSA Officers for doing their part to keep the airways safe. 

These government employees are the unfortunate ones who must pat down those travelers who opt out of the full body scan.  And as much as you dislike the
“extra friendly” pat downs on the inside of thighs, over the buttocks and other places, I assure you the Patter-Downer is not whistling Dixie. 

Passenger outrage has unfortunately been directed at the messenger.

The American Federation of Government Employees, the union that represents TSA workers is urging the TSA to do more to protect its employees from abuse from airline passengers angry over the new security methods.  The union reports that some officers have reported instances in which passengers have become angry, belligerent and even physical with TSOs (transportation security officers).  In Indianapolis, for example, a TSO was punched by a passenger who didn’t like the new screening process.

Read MSN’s article on abuse of TSA workers here


New Twist on Fun at Work

Filed under: General HR Buzz2:49 pm

Ever dreamed of being an astronaut?  How about a winemaker?  Or chocolatier?  A recent survey by Career Bliss ranked the top ten jobs that actually pay well too. 

The survey points out that “fun” jobs have often sacrificed decent pay.  For example, employees at Disney theme parks scored lower on overall satisfaction than members of the Army.

Other jobs that made the survey include Ferrari driving instructor, pilot and magician.

Read the full article here



Final Rule on 401k Transparency

Filed under: General HR Buzz9:38 am

Among other things, fiduciaries of 401(k)-type retirement plans must provide workers with quarterly statements of plan fees and expenses deducted from their accounts, under a final rule announced by the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA).

The final rule also stipulates that plan fiduciaries must give workers core information about available investments, including the cost of such investments; use standard methodologies when calculating and disclosing expense and return information to achieve uniformity across the spectrum of investments that exist in plans; present the information in a format that makes it easier for workers to comparison shop among the plan’s investment options; and give workers access to supplemental investment information in addition to basic required information.

“This rule will ensure that all workers who direct their plan investments have access to the information they need to make informed decisions regarding the investment of their retirement savings, including fee and expense information,” EBSA explained in a statement.

Source: H.R.