Tag: Ogletree Deakins

Not ‘Discipline’ … but ‘Opportunity to Improve’

Yesterday, we presented attorney Jathan Janove’s suggestions for dealing with employees who say, “My aberrant behavior was caused by my disability.” Today, we’ll give you more of his tips—plus an introduction to an upcoming California-specific ADA/FEHA training session.

Permissible deductions from pay for exempt employees

Are deductions from pay ever allowed for exempt employees? Naturally an employer can make deductions for taxes or employee contributions to retirement or insurance premiums, but what about deductions for days of work missed? What about deductions for time an employee is out due to disciplinary action?

Exempt Vs. Non-Exempt: What are the Rules? (Q&A Part 2 of 2)

In a recent BLR webinar, Austin E. Smith lent his expertise to tell us about some of the challenges employers face when dealing with exempt vs. non-exempt employee classifications. For example, to meet the requirements for an administrative exemption, an employee must pass the “primary duty” test, which says that their primary duties must include […]

Exempt Vs. Non-Exempt: What are the Rules? (Q&A Part 1 of 2)

Classifying some employees as exempt from overtime means employers have to be careful—they must meet all of the initial exemption requirements, and also not take any actions that could jeopardize that exempt status (such as making improper pay deductions for exempt employees). This challenge raises many questions for employers, such as how to handle situations […]

The 11 E-Info Risks—Realistic and Legal Policies

Beachboard, who is a shareholder in the Los Angeles office of employment law firm Ogletree Deakins, details the risks in today’s Advisor. He made his comments at the SHRM Annual Conference and Exhibition held recently in Atlanta. 1. Leaks of Company Information The risk of unwanted disclosures is at the top of CEOs’ worries, says […]

Another Case for Training Managers and Winning Lawsuits

Woods is a shareholder in the Greenville, South Carolina office of law firm Ogletree Deakins, Nash, Smoak & Stewart, PC. His remarks came at BLR®’s annual National Employment Law Update. Employer’s Failure Allows FMLA Claim To Go Forward The Story: A newspaper receptionist, who was allegedly fired for violation of her employer’s attendance policy, had […]

Two Rules for Smart Hiring

Hiring even one new employee invokes no fewer than seven federal laws and several state laws as well, says attorney Stephen R. Woods. How does an employer navigate this legal minefield? Woods, a shareholder with the national law firm of Ogletree Deakins, offered two tips at a recent BLR Employment Law Update conference in Las […]