Month: May 2017

Avoid singing the blues: how employers can mitigate wage/hour liability

In the last few years, there have been multiple headlines noting that celebrities are being sued for their (or their businesses’) failure to pay wages in accordance with applicable state and/or federal law. Two such recent lawsuits involved famous singers. First, Lady Gaga had a lawsuit brought against her by her former personal assistant, Jennifer […]

recruiting

Today’s Recruiting Landscape: A Q&A with Rebecca Barnes-Hogg

The recruiting landscape is dynamic. It changes constantly, and it’s downright competitive given the improved economy and low unemployment rates. To keep up with the current trends that are driving the way top companies recruit and hire talent, it’s important to ask questions so you can adapt your strategy to attract qualified applicants.

Pennsylvania

Employer’s Honest Belief in Employee Misconduct Justifies Termination, Even If It’s Wrong

The 3rd Circuit—which covers Delaware, New Jersey, and Pennsylvania—recently ruled that an employer’s honest belief that an employee misused Family and Medical Leave Act (FMLA) leave can defeat an FMLA retaliation claim, even if the employer’s belief is mistaken. The court also ruled that under certain circumstances, an employee’s request for FMLA leave may constitute […]

Missouri

Court Holds Missouri TV Station to Oral Agreement Despite Unclear Bonus Terms

In Missouri, it has long been settled that for a contract to be valid and enforceable, the essential terms must be definite and mutually agreed upon by both contracting parties. Without certainty in the crucial terms, there can be no mutual understanding between the parties and, therefore, no valid contract. However, a recent decision from […]

Minimum Wage Requirements for Tipped Employees and Piece Rates

In this article series, we provide a refresher on the basics of the Fair Labor Standard Act’s (FLSA’s) requirements.  In our previous article, we explained FLSA’s minimum wage provisions and a few exemptions. In this article, we discuss how they apply to tipped employees and piece-rate workers.

Workplace Investigations—Mistakes to Avoid

Workplace investigations can be time consuming and exhausting—but, despite that, they’re not a time where it’s okay to cut corners. When conducting an investigation, the organization must always remember that it’s not only seeking to resolve the issue at hand, it’s also seeking to minimize the risk of future lawsuits and do everything properly in […]

Ohio

Can Waste Management Employee Prove Disability Discrimination Claim?

The 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard a claim from a former Waste Management employee. The former employee claims he was discriminated against under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). How did the 6th Circuit rule? Facts “Justin” was hired by […]