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Dr. nəˈθænjəl ˈmɪləɹ د. عطاء الله الطحان @nathanielbdemiller.bsky.social

47. From what I've heard it could take (before Trump) about a year to get a DOL claim adjudicated versus under six months in Colorado and over two years in Texas. This is just anecdotal from my own experience with Colorado Department of Labor and Employment

sep 2, 2025, 1:15 pm • 0 0

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Dr. nəˈθænjəl ˈmɪləɹ د. عطاء الله الطحان @nathanielbdemiller.bsky.social

48. The definition of "time worked" is interesting and was established by Anderson v. Mt. Clemons Pottery Co. (1946), where employees' work was recorded to the nearest quarter hour. SCOTUS found against the employer and required payment for all time worked.

https://supreme.justia.com/cases/federal/us/328/680/ Time necessarily spent by employees in preliminary activities after arriving at their places of work -- such as putting on aprons and overalls, removing shirts, taping or greasing arms, putting on finger cots, preparing the equipment for productive work, turning on switches for lights and machinery, opening windows, and assembling and sharpening tools -- must be included within the workweek, and compensated accordingly. However, application of the de minimis rule to insubstantial and insignificant periods of time spent in such activities is not precluded. Pp. 328 U. S. 692-693.
sep 2, 2025, 1:51 pm • 0 0 • view
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Dr. nəˈθænjəl ˈmɪləɹ د. عطاء الله الطحان @nathanielbdemiller.bsky.social

This is important because it means employers can't say an employee starts getting paid once they put on their uniform or arrive at their work station. SCOTUS stated that time worked, expansively, included all

sep 2, 2025, 1:53 pm • 0 0 • view
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Dr. nəˈθænjəl ˈmɪləɹ د. عطاء الله الطحان @nathanielbdemiller.bsky.social

"physical or mental exertion (whether burdensome or not) controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer and his business."

sep 2, 2025, 1:53 pm • 0 0 • view
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Dr. nəˈθænjəl ˈmɪləɹ د. عطاء الله الطحان @nathanielbdemiller.bsky.social

Okay, Labor Day is over folks so I'll stop here. One more common issue I encountered: there isn't really such a thing as a "hostile work environment" in labor law.

sep 2, 2025, 1:59 pm • 0 0 • view
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Dr. nəˈθænjəl ˈmɪləɹ د. عطاء الله الطحان @nathanielbdemiller.bsky.social

Most workplace harassment cases are governed by federal laws such as Title VII of the Civil Rights Act of 1964, which prohibits harassment based on race, color, religion, sex, or national origin, or their state equivalent dealing with civil rights. ADA may also be relevant.

sep 2, 2025, 1:59 pm • 1 0 • view
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Dr. nəˈθænjəl ˈmɪləɹ د. عطاء الله الطحان @nathanielbdemiller.bsky.social

Employers and employees are generally allowed to be jerks, or at least, there is no law against it. I'll leave it at that as everyone heads back to work today.

sep 2, 2025, 1:59 pm • 2 0 • view