What Can the Show Severance Teach Us About Work-Life Balance? - Hiring to Firing Podcast
Dos Toros - Maintaining Culture While Scaling (and Having Fun)
III-43-Expert Roundtable Discussion on the Impact of Recent Regulatory Initiatives on Recruitment, Retention and the Retail Industry
III-41- Things That Make You Go “Hmmm” in Employment Law
Employment Law This Week®: OSHA’s Reporting Rule Rollback, CA’s Salary History Ban, NYC’s Temporary Schedule Change Law, Model FMLA Forms Expired
Episode 17: Predictable Schedules And Comp Time – The Next Wage & Hour Frontiers?
In the days before cellphones, employees required to remain on-call for work were generally entitled to compensation for time spent at home waiting for the landline to ring. Given the ubiquity of mobile communication...more
On March 28, 2024, in Sutton v. Jordan’s Furniture, Inc., the Massachusetts Supreme Judicial Court (SJC) upheld a Massachusetts Superior Court decision finding the furniture retailer’s commission-based compensation scheme...more
It has been a couple of years since the pandemic restrictions have ended but many employers are still struggling to get their staff back into the workplace for their required percentage of days. This can be the case even when...more
Increasing office attendance remains high on the agenda for many employers, but upcoming changes to the UK flexible working regime could prompt more requests to work from home. A recent Employment Tribunal judgment provides...more
Our January update includes a new Court of Session case giving (a degree of) certainty on settlement agreements prohibiting future unknown claims and a new case on constructive dismissal focusing on the rules around delaying...more
Earlier this month, the Fifth Circuit Court of Appeals (covering Texas, Mississippi, and Louisiana) issued an en banc decision in Hamilton v. Dallas County holding employees no longer have to show they were subject to an...more
For decades, courts in the Fifth Circuit have followed a particularly strict rule limiting when employees can sue under Title VII for workplace discrimination. That changed last Friday....more
In its recent en banc opinion in Hamilton v. Dallas County, the U.S. Court of Appeals for the Fifth Circuit overturned nearly 30 years of precedent that required Title VII plaintiffs to allege that they had been subjected to...more
The Fifth Circuit Court of Appeals’ recent decision in Hamilton v. Dallas County expanded the scope of claims employees may pursue under Title VII of the Civil Rights Act of 1964. Title VII is the anti-discrimination statute...more
On August 18, 2023, in Hamilton v. Dallas County, the full Fifth Circuit Court of Appeals upended a longstanding precedent, significantly broadening the types of adverse employment actions that could give rise to an...more
On August 18, 2023, the Fifth Circuit overturned its longstanding precedent established in Dollis v. Rubin, 77 F.3d 777 (5th Cir. 1995). The new standard created in Hamilton v. Dallas County, case number 21-10133, allows for...more
Every minute counts in the workplace, but what happens when employees start stealing worktime for personal gain? This important issue is known as time theft which is the act of employees taking advantage of company time for...more
Summer’s the time to sit back and relax and catch up on some light reading you’ve been meaning to get to. And what better way to spend time poolside or at the beach than to scroll through some links from Fisher Phillips? Here...more
Our March update includes new cases on whether a “without prejudice” letter attaching a settlement agreement and referring to a termination by mutual agreement can be an effective dismissal letter, the role of written...more
The federal Department of Labor (DOL) has long interpreted the Fair Labor Standards Act (FLSA) to allow an employer to pay a nonexempt employee a fixed salary for all hours worked in a workweek and “half-time” of an...more
Our January update includes new cases on “without prejudice” conversations on termination of employment, the difficulties of applying 100% “Polkey” reductions in unfair dismissal awards, and issues of employers introducing...more
A major characteristic of the past year was an array of interesting and innovative legislative initiatives and court rulings relating to employment in Israel. These initiatives and rulings addressed burning issues in the...more
New York City’s Department of Consumer and Worker Protection (DCWP) has actively stepped up enforcement of the city’s worker protection laws, including the Fair Workweek Law (FWL) and Paid Safe and Sick Leave Law (PSSL)...more
An employer establishes a weekend work policy where only male employees can take both days off, and female employees can only take one weekend day off. Sounds like gender discrimination maybe? Well, in Hamilton, et al. v....more
Our July update includes new case law on Long covid being held to be a disability, challenging the privileged status of “without prejudice” correspondence, and an unfair dismissal case in which a Tribunal made an overall...more
The last two years have been an interesting respite for California employers. The COVID-19 pandemic impacted the legislature – just like other businesses – which resulted in abbreviated legislative schedules, fewer bills...more
While the focus of the Department of Labor ebbs and flows based on the administration, the DOL remains committed to enforcing the Fair Labor Standards Act. Now that we know that Secretary of Labor Marty Walsh is in place, we...more
Coming on the heels of the U.S. Department of Labor recently issuing its final regulations clarifying the fluctuating workweek (FWW) method of overtime compensation under the FLSA, the 2nd Circuit Court of Appeals just issued...more
In late 2019, Pennsylvania defected from the traditional use of the fluctuating workweek method used to calculate overtime rates for employees working fluctuating hours. Instead, in Chevalier v. General Nutrition Centers,...more
Seyfarth Synopsis: Does Pennsylvania law permit the fluctuating workweek (“FWW”) method of paying overtime? The Pennsylvania Supreme Court has answered that question with a resounding “No, but…”...more