U.S. Court of Appeals Offers Standard on Meal Breaks under FLSA
By Kevin J. Skelly, JD The 3rd Circuit recently adopted a standard for determining when a meal break is compensable under the Fair Labor Standards Act (FLSA).
Tag: JD
Is $100 Adequate Consideration for Noncompete?
By Richard L. Rainey, JD In North Carolina, initial employment is sufficient consideration to support a noncompete agreement. However, if an individual is already an employee, additional consideration must be provided to support a noncompete. (Consideration is something of value given to an employee for signing the noncompete.)
God Is at Work
By Patricia Trainor, JD., SPHR I recently read an article in The Atlantic, Finding Jesus at Work, by Emma Green. Green describes an increase in “chaplaincies” at the office. These workplace chaplains can advise and support employees dealing with difficult issues such as divorce, a severe illness, or social alienation.
ADA: Did Employer Have the Right to Discharge Employee for Lingering Wound?
By Libby Rasmussen, JD Employers can find themselves between a rock and a hard place when an employee’s illness or injury poses a risk to other people—e.g., patients, customers, and colleagues. Employers have an understandable desire to keep others out of harm’s way, but they could face a disability discrimination suit if they don’t execute […]
U.S. Appellate Court Says Return to Work from FMLA Leave Not Guaranteed
By Barbara J. Koenig, JD What can you do when an employee appears to be having mental issues, is performing poorly, has been warned about her substandard performance, and suddenly takes Family and Medical Leave Act (FMLA) leave?
ACA Play-or-Pay: What is a Limited Non-Assessment Period (LNAP)?
By Jen Carsen, JD A “Limited Non-Assessment Period” (LNAP) is the IRS’s fancy way of describing one or more months that don’t really count for purposes of the play-or-pay penalties under the Affordable Care Act (ACA).
Clearing Up Gender Identity and Discrimination
By Joan Farrell, JD, Senior Legal Editor at BLR® Today we’ll hear from Joan Farrell, JD, senior legal editor, concerning the complex and often changing laws involving gender identity and sexual orientation discrimination. In New York City, as in many large cities and several states, employers are prohibited from discriminating on the basis of gender […]
FMLA: Court Restores Unemployment for Worker Who Didn’t Return from Leave
By Sara Anne T. Quinn, JD Under Tennessee law, a former employee isn’t eligible for unemployment benefits if she left her most recent job voluntarily without good cause connected to her work. However, the law creates an exception to that rule (known as the “medical exception”) if the employee was forced to leave because she […]
How to Prevent Workplace Violence
By Susan Schoenfeld, JD, Senior Legal Editor Yesterday, we heard from BLR’s Senior Legal Editor, Susan Schoenfeld, JD, concerning workplace violence prevention. Today, more on the subject, including what policy you should implement to help prevent such violence.
Are You Missing These Leadership Traits?
By Catherine Moreton Gray, JD Senior Managing Editor Yesterday’s Advisor presented the first six of Doris Kearns Goodwin’s ten qualities that made Abraham Lincoln a great leader. Today, we present the final four.