Carmon Harvey

Carmon Harvey

LeClairRyan

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Union or Not, the NLRB Has Employers (and Their Employee Handbooks) In Its Sights

Here’s something that often comes as a surprise to my clients with a non-union employee base: the NLRA (National Labor Relations Act) likely applies even without any union employees. Yep – you read that...more

5/21/2015 - Best Management Practices Employee Handbooks Employer Liability Issues Employment Policies NLRA NLRB Unions

Gimme a W!  Gimme an A!  Gimme a G!  Gimme an E!  What’s that Spell?!? . .

NFL cheerleaders are one of the more recent groups to Bring It On! in the form of wage and hour litigation for the alleged failure of their teams to pay them a minimum wage....more

5/8/2015 - Employee Definition Employer Liability Issues FLSA Minimum Wage NFL Spectator Sports Wage and Hour

Don’t Turn Unemployment Compensation Into Unemployment Complication

Unemployment comp.  Not the sexiest of topics.  But I get a lot of questions from employers on the issue, the appropriate resolution of which would spare me a lot of stress when a termination-related case lands on my desk.  ...more

4/7/2015 - Hiring & Firing Termination Unemployment Compensation System Unemployment Insurance

Pregnant Dancers are Sexy and They Know It

In considering a motion for summary judgment that may have been written just so I could write about it, in Berry v. The Great American Dream, Inc. (No. 13-CV-3297-TWT), the Northern District of Georgia decided – once and for...more

3/17/2015 - Discrimination Hiring & Firing Popular Pregnancy Pregnancy Discrimination Termination Wrongful Termination

To Grant Leave or Not to Grant Leave…That is the Question

Employers covered by the Family and Medical Leave Act often are surprised to find out that the onus is on them to provide eligible employees notice of FMLA rights in the event of a qualifying absence and to properly designate...more

3/6/2015 - Employer Mandates FMLA Notice Requirements

Calling all Office Romeos…to Sexual Harassment Training

In television courtroom drama style, all over the legal news this past week we’ve seen updates from the trial in Marchuk v. Faruqi & Faruqi (Case No. 1:13-cv-01669, S.D.N.Y), a case brought by a junior female associate...more

2/13/2015 - Employer Liability Issues Law Firm Associates Law Firm Partners Marchuk v Faruqi Sexual Harassment Training

Supreme Court: Some Corporations Can Opt Out of Obamacare’s Contraception Coverage Mandate

On June 30, 2014, the United States Supreme Court held 5-4 in Burwell v. Hobby Lobby Stores, Inc. that closely held for-profit corporations cannot be forced to comply with the Patient Protection & Affordable Care Act’s...more

7/11/2014 - Affordable Care Act Burwell v Hobby Lobby Contraceptive Coverage Mandate Healthcare Hobby Lobby Religion SCOTUS

Prepare To Consider Your Former Employees Your New Competition

There’s nothing that gets employers more fired up than a former employee jumping ship to join a competitor. But, in an effort to prevent such future angst, you’ve had your employees sign a non-compete. You’re golden, right?...more

5/22/2014 - Competition Consideration Employment Contract Hiring & Firing Non-Compete Agreements Restrictive Covenants Socko

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