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Michael Kelsheimer

Michael Kelsheimer

Looper Reed & McGraw, P.C.


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At-Will Employment

What does “at-will” employment mean: You might be inclined to think that it means that employees serve at the will of the master, or at the master’s pleasure. While this historically makes sense, “at-will” employment is...more

5/10/2013 - At-Will Employment Discrimination Employee Benefits Retaliation Unions Wage and Hour Whistleblowers

Recordkeeping Part II

Who, What, Why . . . Who does it apply to: In this edition, it varies according to the requirements of the particular law identified below. I am taking a short two-part break from my regular format to bring you the...more

4/1/2013 - ERISA Fair Pay Act FICA FUTA IRCA OSHA Recordkeeping Requirements

Recordkeeping Part I

Who does it apply to: In this edition, it varies according to the requirements of the particular law identified below. I am taking a short two-part break from my regular format to bring you the record keeping requirements...more

2/25/2013 - ADA Age Discrimination Books & Records Discrimination Employee Benefits Employee Polygraph Protection Act Employment Application Equal Pay Act FLSA FMLA GINA Hiring & Firing Job Applicants Payroll Records Recordkeeping Requirements Title VII

Changes To FMLA Service Member Leave Become Effective March 8, 2013

On February 5, 2013, the Department of Labor announced the final rules for changes to the Family and Medical Leave Act (FMLA) permitted under the National Defense Authorization Act of 2010. From the time the act was passed...more

2/25/2013 - DOL FMLA Military Caregiver Leave Military Service Members NDAA Parental Leave Qualifying Exigency Leave Rest and Recuperation Veterans

Are “Working Interviews” Legal?

One of my dental practice clients called this week to inquire about an idea they heard of recently called a “working interview.” The idea is to have an hygienist come in for a couple of days to find out whether they are good...more

2/25/2013 - 1099s Background Checks Employment Application Employment Contract Hiring & Firing I-9 Interviews New Hires Unemployment Benefits W-2

Smoking Discrimination

Who does it apply to: All employers who have employees or prospective employees that smoke....more

1/28/2013 - ADA Disability Discrimination HIPAA Smoking Bans

Unpaid Interns, Volunteers, And Trainees

Who, What, Why . . . Who does it apply to: Every employer who has or intends to hire unpaid interns. When must an intern be paid: All “employees” of a business must be paid at least minimum wage unless they are a...more

12/31/2012 - DOL EEOC FLSA Hiring & Firing Internships Recruitment Policies Training Unpaid Interns Volunteers

Too Sexy To Work Here: Fired For Being Attractive

Melissa Nelson is “devastated” according to ABC News. She was fired from her job as a dental assistant after 10 years of service because her male employer found her attractive and felt termination necessary to protect his...more

12/31/2012 - Discrimination Hiring & Firing Melissa Nelson Nelson v Knight Sex Discrimination Termination

Are “90 Day Probationary Periods” for New-Hires Required By law?

Many of my clients put new-hires on a 90 day probationary period. They do this either for their own convenience or because they mistakenly believe the law requires it. The idea that it is “required” by a law is a...more

11/28/2012 - Probationary Period

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