May 2011

WHEN IS PRE-EMPLOYMENT TRAINING COMPENSABLE?

            Pre-employment training is a generally not covered by the FLSA, and thus not compensable.  Depending on the structure of such a program, its participants may not even considered “employees”, and thus may not be covered by the FLSA.  That determination will depend on all the circumstances surrounding the individual’s “training.”             The United States …

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JUDGE CONCLUDES THAT AN EX-EMPLOYEE’S ACCUSATIONS ARE PROTECTED BY FIRST AMENDMENT

          A New York State Court judge on Long Island has held that a former employee has a First Amendment right to disseminate his claim that his former employer had lost personal data about its customers.              The case arose from an employment dispute.  In July, 2008, Cambridge Who’s Who Publishing (“Cambridge”), a Uniondale, Long …

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