As our readers know, for the purposes of certain blog entries, I have unilaterally declared that I am the Secretary of Labor.

Effective immediately:

  1. The “computer professional” exemption applies to anyone with a salary of at least $800 per week whose primary duty requires “highly specialized knowledge of computers and software.”  The exemption now includes employees who provide help desk services, troubleshooting support, or who install hardware or software.
  2. In regard to New York law, building owners who provide free apartments to their janitors can still count the value of the apartment as wages.  However, that value is no longer based on the rental rate of the apartment on June 1, 1975.
    • Building owners will be credited with the current fair market value of the apartment, and janitors will be paid on an hourly basis.
    • As under federal law, a New York janitor who resides in the employer’s building is not considered as working all the time he is on the premises.  Any reasonable agreement of the parties as to the number of hours worked will be accepted.
  3. To clarify: time spent waiting for a security bag check at the end of a shift is not compensable “hours worked.”Generally, time spent going to or coming from work is not working time.  Preliminary and postliminary activities may be compensable if they are “integral and indispensable” to an employee’s principal duties.  However, general security does not relate to anyone’s particular duties, so it’s not compensable.
  4. California law is preempted.  It’s just time.
  5. The ability to use mobile devices for business communications while an employee is away from the workplace is a benefit to the employee as well as the employer.  Therefore, using a mobile device to read or respond to electronic communications for less than 20 minutes per day shall be considered de minimis amount of time and therefore shall not be compensable

Let’s get to work.