When faced with an employment discrimination, harassment or retaliation claim, often the immediate response is, “We are going to defend ourselves and prove we are right,” followed by, “So what will it cost us if we lose?”...more
4/5/2018
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Attorney's Fees ,
Back Pay ,
Civil Rights Act ,
Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Fee-Shifting ,
Front Pay ,
Hiring & Firing ,
Wage and Hour
Sometimes it is important to get back to basics and refresh our understanding of topics that are already well-known to human resources professionals. In this season of confusion, particularly regarding the on-again/off-again...more
Aberrant workplace behavior caused by stress or a psychological condition is not uncommon. However, such behavior can also cause employers to become anxious regarding how to lawfully deal with the disruption and its effect on...more
7/21/2016
/ Affirmative Defenses ,
Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Dangerous Condition ,
Employer Liability Issues ,
Hiring & Firing ,
Independent Medical Review ,
Medical Examinations ,
Medical Leave ,
Popular ,
Probationary Employees ,
Rehabilitation Act ,
Termination ,
Workplace Violence
Companies will sometimes take a chance on a new (or old) salesperson by allowing him/her to work on pure commission. This “eat what you kill” compensation system seemingly creates an incentive to sell with little risk to the...more
9/23/2015
/ Employee Rights ,
Employer Liability Issues ,
Exceptions ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Over-Time ,
Retailers ,
Sales Commissions ,
Salespersons ,
Wage and Hour ,
White-Collar Exemptions ,
Young Lawyers
We employment lawyer types proudly boast that no one has better legal stories to tell than we do (if only we could tell all of our stories). Some of our best stories were thrust into the media during the first quarter of...more
There is more than a little bit of irony when a clothing company with a target market of teens and young adults has a fashion dilemma. However, a national retailer has just such a dilemma arising from a potential religious...more
With the passage of the Americans with Disability Amendments Act, (ADAAA), Congress very purposefully moved disability-related inquiries away from whether employees are “qualified individuals with a disability” and refocused...more