Topic: FLSA

In the Workplace: Latest Need-to-Know Employment Law News

Latest I-9 forms, ADAAA rulings, NLRB developments, new state laws and federal regulations … keeping up with the myriad legal requirements of managing your employees can be challenging for the best of us. This roundup of recent employment law updates should help: The “Employee Tricked Me Into Firing Her” Defense (Cozen O’Connor): “The NLRB continues… Read more »

Taking on Unpaid Summer Interns? Don’t Take on a Lawsuit, Too…

“… when a complaint is made, the price of an unlawful internship can be quite high. Failure to pay wages, failure to pay minimum wage, overtime, meal and rest violations, and related penalties and attorneys’ fees and costs can add up quickly.” (Ervin Cohen & Jessup) “Summertime, and the livin’ is easy…” Unless, of course,… Read more »

In the Workplace: Latest Need-to-Know Employment Law News

What’s new for employers? Plenty. Like gender discrimination lawsuits, EEOC investigations, Facebook firings, FMLA developments, employment visa news, whistleblower claims, healthcare reform, and much more. For your information, here’s a roundup of recent employment law updates from lawyers and law firms on JD Supra: Second Circuit Vindicates Concepcion in Gender Discrimination Case (Sedgwick LLP): “In… Read more »

In The Workplace: Latest Need-to-Know Employment Law News

Keeping track of the latest developments in labor and employment law can be challenging for employers and HR managers. What to know? Health care reforms, revisions to the Family and Medical Leave Act, judicial interpretations of the Fair Labor Standards Act, to be sure. But also textual harassment, workplace investigations, internships, working interviews, and much… Read more »

Do Your Employees Telecommute? You Should Know…

“Employers are responsible for providing a safe workplace to all employees, even employees working at home…” (Eric Uhl, Fisher & Phillips) Telecommuting may provide companies with a number of benefits, but it’s not without legal risk. Here are five issues to consider: 1. Wage and hour laws: “While telecommuting may appear to be a terrific… Read more »

Workplace Need to Know: Latest On Wage and Hour Law

“Under Title VII, the top six most frequently challenged [employment] practices [in 2012] were discharge/constructive discharge, harassment/intimidation, terms and condition of employment, discipline, promotion, and wages. Even though the number of charges dipped, the EEOC obtained a historic amount of money from private employers through its administrative process – $365.4 million.” (Littler) According to statistics… Read more »

Workplace Issues: Latest Need-to-Know Employment Law News

Employee social media use, overtime laws, worker classification rules, workplace discrimination, union bargaining, confidentiality, H1-B visas, noncompetes, and employee handbooks … but a few of the issues in this latest roundup of commentary and analysis from labor and employment attorneys on JD Supra. For your reference: The NLRB’s Year In Numbers: FY 2012 (Franczek Radelet… Read more »

Keep Your Hands Out of the Tip Jar (and Other Celebrity Chef Lessons)

Restaurant owners and managers: sometimes the best lessons from celebrity chefs don’t happen in the kitchen. The latest comes from MasterChef Graham Elliot, who recently settled a tip pooling lawsuit with Gregory Curtis and other waiters in Elliot’s Chicago restaurant for an undisclosed amount. The waiters claimed they were forced to share tips with non-waiters,… Read more »

Employment Law Roundup: EEOC Priorities, Non-Competes, Work Travel, Form I-9, ADA, Outsourcing 401(k)s, More

For your reference, a roundup of recent updates and advisories on JD Supra spanning the broad range of labor and employment law issues that arise in the workplace: “Ladies and Gentlemen, this is your captain. Looks like we missed our window of opportunity to sign this labor agreement, so we’re in for a long wait…”… Read more »

Court Narrows Definition of “Joint Employers” in Class Action Lawsuits

A recent ruling in the Third Circuit will make it harder for plaintiffs to include parent companies, subsidiaries, and affiliated companies in class action employment lawsuits. Some background, from law firm McNees Wallace & Nurick: “As in most types of class-based litigation, plaintiffs in Fair Labor Standards Act (FLSA) collective actions typically seek certification of… Read more »

Who Is Exempt From Overtime? Drug Sales Reps, For One, And Here’s Why You Should Care

On June 18, 2012, the United States Supreme Court ruled in favor of the pharmaceutical industry in a closely followed case (Christopher v. SmithKline Beecham Corp.) to do with overtime exemption for drug sales representatives.  In short, SCOTUS ruled that pharmaceutical sales reps are in fact exempt from overtime – and, according to law firm… Read more »

5 Rights of Every Employee

“… the [Equal Employment Opportunity Commission (EEOC)] stated that it received 99,947 discrimination charges against private sector employers in FY 2011… Charges alleging retaliation under all of the statutes the EEOC enforces accounted for the highest overall percentage of private sector complaints received (37.4%), followed closely by race discrimination complaints (35.4%). Claims of religious discrimination,… Read more »

Interns or Employees: 5 Takeaways from Recent Lawsuits

“In recent months a number of interns have sued their former employers, claiming that they should have been classified as employees for purposes of state and federal wage and hour laws. The plaintiffs in these cases – who were not paid while serving as interns – are seeking to recover wages for all hours worked,… Read more »