One of the most common questions we receive is what an employer can do when an employee is terminated and owes the company money. In response, our clients hear one of the most common phrases in this area of the law—no good deed goes unpunished. Below are some guiding principles regarding employer benefits and employee […]
Category: Employment Law
Employment law is the bread and butter of the HR Daily Advisor. Check out articles from this topic to see what the latest rules and regulations are, as well as track important employment law cases.
The #MeToo movement has focused on sexual harassment in the workplace, but employers should be cognizant of another major gender issue that has been the focus of regulatory agencies in recent years—equal pay.
The U.S. Supreme Court’s 5-4 ruling in a case directly affecting employers of auto service advisers is expected to have implications for employers of other kinds of workers as well since the Court rejected the notion that exemptions to the Fair Labor Standards Act (FLSA) must be construed narrowly.
One of the primary concerns addressed through the #MeToo movement is that claims of sexual harassment in the workplace are often settled discreetly and without scrutiny. For years, employers have resolved sexual harassment claims with a settlement payout in exchange for a general release of the company from all liability. The terms of the settlement […]
Soon, it will be legal in Vermont for people who are 21 or older to possess limited quantities of marijuana and marijuana plants. You may be wondering whether the new law affects your ability to enforce rules on smoking or the use of drugs in your workplace.
An employee was netted in a sex sting after he arranged for an escort while he was off duty. Instead of finding love, he found himself suspended from his job—and eventually terminated. Was the employee entitled to unemployment benefits?
In 2-1 decision by a three-judge panel, the U.S. 4th Circuit Court of Appeals—which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia—reversed a decision to grant summary judgment in favor of a governmental entity. The appeals court sent the case back to the trial court for further proceedings based on the majority’s assessment of the application of the Equal Pay Act (EPA) to wages being paid by a state agency.
You may remember that Jonathan Martin, a former starting offensive tackle for the Miami Dolphins, suddenly left the team during the 2013 season. He was a second-round draft pick in 2012 who played college football at Stanford. In college, he was twice selected as an All-American offensive lineman. During the 2012 season, he played at […]
A semiconductor company hired a 33-year-old accounting manager not long before it terminated its 59-year-old financial administrator as part of a reduction in force (RIF). The administrator sued, claiming unlawful age discrimination. The trial court granted the company’s motion for summary judgment (dismissal without a trial). In an unpublished opinion, the court of appeal affirmed.
The following case is a cautionary tale about decisive action and one type of legal risk: defamation claims. Although this particular case turned on a legal technicality, it’s useful to show how communicating about your reasons for taking an adverse action can turn into litigation.