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Job Duties Employer Liability Issues Job Descriptions

Fisher Phillips

SCOTUS to Ponder Proof in Wage Misclassification Case: 5 Steps for Employers to Comply with Overtime Exemption Rules

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What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court announced on June 17 that it will address a disagreement among...more

McNees Wallace & Nurick LLC

Bare Minimum Mondays – An Exercise in Self-Sabotage

After the pandemic began to ease, and labor availability was the lowest in recent history, many employees found themselves working more and more to fill the gaps in the workforce. That led to the trend popularized a year ago...more

Fisher Phillips

An Ounce of Prevention is Worth a Pound of Cure: How to Conduct an Internal Audit in 7 Steps to Avoid Wage and Hour...

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How confident are you that you have properly classified your employees as exempt under the Fair Labor Standards Act (FLSA), or that your employees’ exempt status has not been affected by COVID-19 workplace changes? Over the...more

Seyfarth Shaw LLP

7th Circuit has Spoken: Two Pound Lifting Limit, and Other Restrictions Can be an Unreasonable Accommodation under the ADA

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Seyfarth Synopsis: Athleisure company is rightfully able to terminate the employment of individual with physical limitations, despite that individual’s ability to delegate such functions of her position. See Tonyan v....more

Fisher Phillips

6 Questions To Ask To Avoid COVID-19 Wage And Hour Lawsuits

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With well over 175 COVID-19-related employment lawsuits already having been filed nationwide, employers need to keep abreast of ongoing issues that impact the physical and remote workplace. One area where employers need to be...more

Fisher Phillips

Sitting On The Job: When Sitting Is Requested As An ADA Accommodation

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The retail setting is a particularly difficult one in which to make accommodations. This is because retail employees engage in a host of different duties that require all manner of physical activities. Those who are...more

Jackson Lewis P.C.

Job Descriptions Must Accurately Reflect True Job Duties

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A recent case from a federal court highlights the importance of accurate job descriptions. In Wiggins v. City of Montgomery, Plaintiff applied for a promotion to the position of Revenue Examiner on three occasions over an...more

Schwabe, Williamson & Wyatt PC

Drafting Legally Sound Job Descriptions

Job descriptions are a crucial part of recruitment and hiring, and of performing an Equal Pay Act Analysis, classifying employees for purposes of the Fair Labor Standards Act, and developing reasonable accommodations under...more

Cozen O'Connor

Job Description Mistakes You Don’t Want to Make

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A good job description can equip an employer with the best possible workforce available. Inaccuracies and oversights, however, can entangle your company in litigation for years. Bethany Salvatore and Bryant Andrews talk us...more

K&L Gates LLP

Working Wise: Proactive Strategies for Pay Equity Issues

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In this episode of the Working Wise Podcast Series, K&L Gates Orange County Partner Spencer Hamer discusses recent trends in pay equity law, as well as proactive strategies employers can implement to promote pay equity in the...more

Fisher Phillips

Web Exclusive - Flurry Of Recent ADA Cases Can Be Instructive For Employers, Part Two

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There has been a burst of recent Americans with Disabilities Act (ADA) decisions from around the country that can teach valuable lessons to employers. Last month, we looked at three cases examining the question of whether an...more

Bradley Arant Boult Cummings LLP

Point for the (Work from) Home Team? Sixth Circuit Says Attendance at Work Not Automatically an Essential Work Function

“You have to show up for work—it’s a part of your job.” Attendance at the workplace is an essential work function in an ADA case. But is it really anymore? With technology, some would argue that many jobs can be done from...more

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