Not so fast. Figuring in overtime, flex time, commute time, home office time, and everything else can make for a complicated formula. A recent 3rd Circuit decision brings up some very interesting questions about how to calculate that hourly mark.

Under the Employee Polygraph Protection Act, passed in 1998, formerly administered by the U.S. Department of Labor’s Wage and Hour Division of the Employment Standards Administration until it was abolished in November, now administered directly by the Secretary of Labor, employers engaged in interstate commerce are generally prevented from using lie detector tests either for pre-employment screening or during the course of employment, with certain exemptions.

The case, EEOC v. UPS, Inc., No. 08-5348, 2009 U.S. App. LEXIS 25395 (2d Cir. Nov. 19, 2009), overturned a lower court order that denied an EEOC subpoena which had sought national records from a company in which the case had only one Charging Party. That lower case had been relied on by a number of other employers to try to limit the EEOC’s subpoena power under those circumstances.

Georgia Senator Johnny Isakson (R-Georgia), joined by Senators Jeff Bingaman (D-New Mexico), and Herb Kohl (D-Wisconsin), have just introduced legislation that would require defined contribution plan sponsors to inform plan participants of the projected monthly income they could expect at retirement, based on their current account balance.

The U.S. Federal Court of Claims recently ruled that a Memphis TSA screener was not entitled to overtime under the FLSA. Jones v. United States, Fed. Cl., No. 08-645, (9/14/09).

This may be based on the principle of “rounding up,” where an employment rule may be that employees are allowed to clock in our out within certain times before and after a scheduled shift starts without penalty.

Or, there may be a phrase in an employee manual that seems to indicate that non- scheduled time is non- compensable, and the employee’s time clock is adjusted to the actual scheduled shift times.

But under United State Department of Labor regulations, every minute that you actually worked has to be compensated, regardless of whether or not your time was “on the clock.”

In fact, you cannot be fired from a job because someone has garnished your wages, although multiple garnishments may be a different story. You are protected by Title Three of the Consumer Credit Protection Act (CCPA).

There are very strict federal rules about teenagers driving on the job.

The question involved what happens in “mixed motive” cases, where there may have been some “legitimate” (i.e., non-discriminatory) factor, in addition to age, that played a part in the employer’s action. In Gross, for example, the plaintiff was demoted as part of a restructuring, but there was evidence age bias played a part in the decision.

ABC News is tracking this issue, and reports a great increase in age discrimination filings with the EEOC. It may be that companies are using the economy as an excuse to get rid of workers that they couldn’t fire under more normal economic circumstances.

The Uniformed Services Employment and Reemployment Act (called USERRA and passed in 1994) gives veterans certain job rights that are not enjoyed by non- veterans. Among those are protections for disabled veterans, federal employees, vets seeking to go back to their old jobs, and rights into the continuation of military health care.

A few details:

The two laws always need to be read together, as well as in conjunction with state laws, by a qualified employment lawyer, to determine the rights of any agricultural workers.

Even though agricultural workers are covered under the FLSA, the MSPA, which was passed in 1983, is considered to be the primary federal labor law covering migrant workers. Like the FLSA, this law is administered by the Wage and Hour division of the U.S. Department of Labor.

Under the FMLA, which passed into law in 1993, employers must grant a leave (unpaid) of up to twelve weeks every twelve months for certain family emergencies and other medical conditions.

The Bush administration had imposed some restrictions on the FMLA which Rep. Carol Shea-Porter (D-N.H.) has proposed to eliminate in H.R. 2161, which she has called the Family and Medical Leave Restoration Act. The restrictions were posted in a November 2008 DOL final regulation.

At least, under most circumstances

Welcome to the Genetic Information Non-Discrimination Act of 2008, known as GINA. Short version: no genetic information obtained by any company can be used to discriminate against any person in employment or in providing health insurance.

First things first, though—if you’re over 16, these special rules don’t apply to you. Also, they don’t apply if the farm is owned by the children’s parents. Other exemptions include students enrolled in certain vocational agricultural programs or who are specially trained through 4-H (etc.) on some hazardous farm equipment.

Believe it or not, you are allowed to work on a farm at an age as low as 10....