Richard D. Tuschman

Richard D. Tuschman

Akerman LLP

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Latest Posts › Employer Liability Issues


No, You Cannot Prohibit Employees from Protesting or Discussing Their Wages

A reminder to employers concerned about employees’ discussing their wages or acting in concert to petition for higher wages: This is legally protected activity that employers cannot prohibit or restrain. A recent National...more

4/8/2015 - Chipotle Grill Employer Liability Issues NLRA NLRB Protected Activity Section 7 Wages

Employers Cannot Rely on Timekeeping Policies as a Defense to FLSA Claims

An employee's violation of timekeeping policies is not a defense to a Fair Labor Standards Act claim, if the employer knows or has reason to know that an employee underreported his hours, according to a recent decision by the...more

1/27/2015 - Corporate Counsel Employer Liability Issues Employment Policies FLSA Popular Timekeeping Wage and Hour

U.S. Labor Department and Florida Department of Revenue Team Up to Prevent Worker Misclassification

Now more than ever, Florida employers should ensure they are properly classifying their workers. The U.S. Department of Labor and the Florida Department of Revenue have announced an agreement between the two agencies to...more

1/16/2015 - Department of Revenue DOL Employee Definition Employer Liability Issues Independent Contractors Misclassification

Persuading Employee to Work Rather than Taking Unpaid Leave May Result in FMLA Violation

The Family and Medical Leave Act ("FMLA") requires employers to provide eligible employees with up to twelve weeks of unpaid leave to care for a newborn child (among other reasons), and to offer reinstatement to the employee...more

8/26/2014 - Employee Rights Employer Liability Issues FMLA Unpaid Leave

Yes, Employers Can Win Summary Judgment In State Court

Given the opportunity, most defense lawyers will remove an employment discrimination case filed in state court to federal court because federal judges are more inclined to grant summary judgment, i.e. a judgment in favor of...more

1/16/2014 - Discrimination Employer Liability Issues Summary Judgment

It's Official - Offering Full Monetary Relief Without A Judgment Will Not Moot FLSA Case

Last year we reported on the Eleventh Circuit's decision in Zinni v. ER Solutions, Inc. (11th Cir., August 27, 2012), which seemed to signal that a defendant in a Fair Labor Standards Act case cannot moot the case by...more

10/22/2013 - Employer Liability Issues FLSA Mootness No-Action Relief Unpaid Overtime

Can Employer Who Has Granted Employee's FMLA Request Dispute Employee's FMLA Eligibility?

An employee sends an email to her manager requesting FMLA leave to care for her father "while he deals with issues surrounding his terminally ill brother." The supervisor writes back, "Approved," and the employee takes...more

10/16/2013 - Employee Benefits Employee Rights Employer Liability Issues Equitable Estoppel FMLA Retaliation Unpaid Leave

Urging An Employee To Retire Is Not Necessarily Evidence Of Age Discrimination

Mandatory retirement is generally unlawful under the Age Discrimination in Employment Act. So when an employer urges an employee to retire, isn't this evidence of age discrimination that an employer should avoid? Not...more

9/12/2013 - ADEA Age Discrimination Employer Liability Issues Retirement

Employer's Back Door Settlement Of FLSA Claim Backfires

An employer's settlement of a Fair Labor Standards Act claim directly with a former employee rather than with the former employee's attorney was invalid and should not have been approved by the federal district court,...more

7/31/2013 - Employer Liability Issues FLSA Legal Representatives Settlement Voluntary Dismissals

Supreme Court Affirms Narrow Definition Of Supervisor Under Title VII

The Supreme Court has ruled in Vance v. Ball State University that the authority to take tangible employment actions is the defining characteristic of a supervisor, and that without such authority an employee is not a...more

6/25/2013 - Employer Liability Issues Harassment Negligence SCOTUS Supervisors Title VII Vance v. Ball State University

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