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Opening Arguments

OA38: FLSA and Exempt Employees, Part 2

Opening Arguments

Opening Arguments Media LLC

Law, Opinion, Politics, News, Liberal, Legal, Supremecourt, Harvard, Atheist

4.33.7K Ratings

🗓️ 27 January 2017

⏱️ 66 minutes

🧾️ Download transcript

Summary

Today's episode is part two of our two-part series on pending changes to the Fair Labor Standards Act ("FLSA").  As we've previously mentioned, in 2016, the Obama Department of Labor promulgated new rules requiring that employees who are "exempt" from the FLSA's overtime requirements must earn at least $47,476 per year.  A district court judge issued an injunction blocking those rules from going into effect; that decision is currently pending on expedited review before the 5th Circuit Court of Appeals.  In this episode, Andrew continues his explanation as to why he thinks those rules are going to eventually go into effect and what that means for employers and employees. We begin, however, with a thoughtful question from friend of the show Noah Lugeons regarding how the FLSA's tipping rules interact with Title VII of the Civil Rights Act of 1964.  Is it illegal for employers to rely on tips knowing how inequally tips are handed out to men and minorities?  Listen and find out! After our main segment on the FLSA, we answer a delightfully mad question from Robert Rautio regarding the supposed "right to travel" in the Constitution.  Answering this doozy takes us back into the weird and wonderful world of "sovereign citizens" -- you won't want to miss it! Finally, we end with a brand new Thomas Takes the Bar Exam question #8 about whether a company dumping toxic waste has a duty to warn trespassers.  Remember that TTTBE issues a new question every Friday, followed by the answer on next Tuesday's show.  Don't forget to play along by following our Twitter feed (@Openargs) and/or our Facebook Page and quoting the Tweet or Facebook Post that announces this episode along with your guess and reason(s)! Show Notes & Links
  1. The relevant provisions of the FLSA for this episode are 29 USC § 207 (maximum hours) and 29 USC § 213 (exempt employees).
  2. Title VII of the Civil Rights Act of 1964 begins at 42 USC § 2000e and can be found here.
  3. This is the original rule promulgated by Obama's Department of Labor.
  4. Here is the judicial injunction blocking the implementation of the rule.
  5. And here is the judge's decision not to overturn his own injunction after a motion for reconsideration.
  6. Please laugh at -- but DO NOT FILE! -- this suggested "brief" by the weirdos at The Lawful Path who think you can get out of a traffic ticket by filing this nonsense.  (You can't.)
  7. And here's another absolutely bonkers list of random string-cites that purports to show that you have an absolute right to travel guaranteed by the Constitution.  (You don't.)
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Transcript

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0:00.0

It's a great change of his feelings.

0:04.8

Well, there could be a death penalty.

0:06.3

Nothing to lawyer.

0:19.8

Seriously, when the going gets tough, you don't want to criminal lawyer.

0:23.2

All right, you want a criminal lawyer.

0:31.0

Lady Trahan's air injector box.

0:33.4

Objection.

0:34.4

In the absence of pants, defense and suspenders serve no purpose.

0:38.2

I'm going to allow them.

0:40.0

For now, thank you.

0:45.0

I'm going to be a simple country, have a chicken.

0:48.0

But I know when we're a finger-lift, what do you say we plead in sanity?

0:55.0

Welcome to Opening Arguments, the podcast that pairs an inquisitive interviewer with a real-life lawyer.

0:59.8

This podcast is sponsored by the law offices of P. Andrew Torres, LLC for entertainment purposes,

1:05.0

is not intended as legal advice, it does not form an attorney-client relationship.

1:09.0

Don't take legal advice from a podcast.

1:17.8

Hello and welcome to Opening Arguments.

1:20.2

This is episode 38.

1:22.2

I'm your host Thomas Smith, and that over there is Andrew Torres.

1:25.2

How you doing, Andrew?

1:26.2

You're doing great, Thomas. How are you?

1:27.6

I'm doing amazingly happy to be here with everybody on a Friday episode.

...

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