Employers know that the Americans with Disabilities Act requires them to engage in an “interactive process” with employees seeking a reasonable accommodation. This is a back-and-forth discussion to determine the employee’s...more
Informed employers know they must pay non-exempt employee for all hours actually worked. If an employee works unapproved hours or overtime, the company must still pay for that time; however, they may discipline that worker...more
2/19/2020
/ Appeals ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Exceptions ,
Fair Labor Standards Act (FLSA) ,
Former Employee ,
Hiring & Firing ,
Insubordination Policy ,
Over-Time ,
Retaliation ,
Reversal ,
Summary Judgment ,
Timekeeping ,
Unpaid Overtime
Can a business that is deemed illegal under federal law still be subject to federal wage and hour laws? That’s the question recently answered in a decision handed down in Robert Kenney v. Helix TCS, Inc. by the Tenth Circuit...more
11/22/2019
/ Appeals ,
Controlled Substances Act ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Labor Law Violations ,
Marijuana ,
Marijuana Related Businesses ,
Misclassification ,
Over-Time ,
Salaried Employees ,
Unpaid Wages ,
Wage and Hour
Just as employers have a legal duty to reasonably accommodate employees’ disabilities, they also have an obligation to reasonably accommodate employees’ religious practices. Employers often struggle with determining what is...more
Dealing with departing employees can be tricky. That’s why many companies require certain employees — particularly those with access to confidential or proprietary company information or customers — to sign written agreements...more
3/2/2018
/ Appeals ,
Blue Pencil Contract Modification ,
Confidentiality Agreements ,
Contract Terms ,
Declaratory Judgments ,
Employment Contract ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Reversal ,
TRO ,
Unfair Competition
There is a needed focus on mental health issues these days. We see it on social media as well as in the news. And, as a nation, we are hopefully moving to a place were individuals can get the help they need without any...more
Last year was a busy year for employers. Many conducted internal audits and went through intense planning to comply with new U.S. Department of Labor overtime regulations that were to take effect December 1, 2016. Those 2016...more
7/21/2017
/ Administrative Authority ,
Appeals ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Over-Time ,
Preliminary Injunctions ,
Request For Information ,
Secretary of Labor ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
Any employer that has gone through an Equal Employment Opportunity Commission (EEOC) investigation knows one thing is certain: you will have to provide mountains of documents. Normally, the EEOC will informally request...more
4/4/2017
/ Appeals ,
Burden of Proof ,
Disability Discrimination ,
Discovery Disputes ,
Document Productions ,
Equal Employment Opportunity Commission (EEOC) ,
Government Investigations ,
Litigation Strategies ,
Pattern or Practice ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Subpoenas