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EEOC's Attack On Severance Agreements Dealt Blow

As we noted earlier this year, the EEOC has begun filing legal challenges to relatively common provisions found in form severance agreements, based on the EEOC's belief that such language unlawfully interferes with employees'...more

9/29/2014 - CVS EEOC Employee Rights Severance Agreements Title VII

Another Federal Court Finds "Fluctuating Workweek" Overtime Compensation Violates Pennsylvania Minimum Wage Act

Recently, Judge Mitchell Goldberg of the United States District Court for the Eastern District of Pennsylvania issued a decision in Verderame v. RadioShack Corp., finding that the "fluctuating workweek" method of overtime...more

7/18/2014 - Employer Liability Issues FLSA Fluctuating Workweek Minimum Wage RadioShack Wage and Hour

Are Your Sales Employees Properly Classified as Exempt?

Many employers treat their sales employees as exempt from the Fair Labor Standards Act's overtime and minimum wage requirements. Regardless of whether they pay them a salary, commissions, or some combination of both,...more

6/18/2014 - Classification Employer Liability Issues Employment Policies Exempt-Employees FLSA Minimum Wage Salespersons Unpaid Overtime Wage and Hour

Employment Alert

In This Issue: EEOC's Latest Target - Severance Agreements; Pennsylvania's Unemployment Compensation Law May Require Employers to Provide Response to Unemployment Information Requests; and Supreme Court Clarifies that...more

4/7/2014 - EEOC Employer Liability Issues FICA Taxes SCOTUS Severance Agreements Severance Pay

The EEOC's Latest Target – Severance Agreements

Employers have long offered employees severance or other post-employment benefits in exchange for a waiver and general release of claims. Agreements of this kind often help make a difficult separation somewhat easier. By...more

4/4/2014 - Compliance Corporate Counsel EEOC Employee Benefits Employer Liability Issues Severance Agreements

President Obama Directs DOL To "Modernize" FLSA Overtime Regulations

Yesterday, President Obama signed a Presidential Memorandum directing the Secretary of Labor to "modernize and streamline" the existing Fair Labor Standards Act (FLSA) overtime regulations, specifically with respect to the...more

3/17/2014 - DOL Employee Rights FLSA Unpaid Overtime White-Collar Exemptions

The FLSA Applies To Public Sector Employers, Too

Most HR professionals in the private sector are aware of the risks presented by non-compliance with the overtime and minimum wage requirements of the federal Fair Labor Standards Act ("FLSA") and its state law companion, the...more

2/11/2014 - Compliance FLSA Minimum Wage Public Employees

Wage and Hour Compliance Priorities for 2014

It is easy for us to recommend that employers conduct regular and comprehensive wage and hour audits that examine all facets of the employer’s pay practices to ensure compliance with the myriad of wage and hour laws. After...more

1/17/2014 - Compliance FLSA Human Resources Professionals Independent Contractors Misclassification Wage and Hour Wages

CFPB Weighs In On Employer Use Of Payroll Cards

In a recent blog post, we discussed the legal issues associated with employer use of payroll debit cards in lieu of printed paychecks. We concluded that because of the lack of federal and state regulatory guidance on the...more

9/24/2013 - CFPB Debit Cards Payroll Cards Wages

Taking The Check Out Of Paycheck: The Legality Of Payroll Debit Cards

Recently, the practice of paying employees via payroll debit cards came under fire when an employee filed a class action lawsuit against her employer, a McDonalds' franchisee, alleging that payment of wages via a Chase...more

7/25/2013 - Class Action Employee Rights Employer Liability Issues Employer Mandates Minimum Wage Payroll Cards Wage and Hour

Supreme Court Issues Two Title VII Decisions Favorable For Employers

At our recent Labor and Employment Law Seminar, we highlighted a number of outstanding legal cases that have the potential to have a significant impact on employer liability. ...more

6/26/2013 - But For Causation EEOC Harassment Hiring & Firing Racial Discrimination Religious Discrimination Retaliation SCOTUS Supervisors Title VII UT Southwestern Medical v Nassar Vance v. Ball State University Vicarious Liability

Supreme Court Reverses Third Circuit Decision Precluding Early Use Of Offer Of Judgment To Defeat An FLSA Collective Action

In 2011, the Third Circuit held that a pre-certification offer of judgment made by a defendant-employer to an individual plaintiff would not require dismissal of the plaintiff's entire FLSA collective action, even if the...more

4/22/2013 - Collective Actions FLSA Mootness SCOTUS Settlement Wages

Top Ten Wage and Hour Developments in 2012 for Pennsylvania Employers

For employers in Pennsylvania, 2012 was another eventful year in the world of wage and hour law. Even in the absence of new federal legislation, a number of noteworthy developments occurred at both the federal and state...more

1/8/2013 - Class Action FLSA Fluctuating Workweek Offer of Judgment Over-Time Rest and Meal Break Settlement Tips Wage and Hour Wal-Mart

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