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New Efforts to Impose Liability onto Franchisors and Other Companies

Posted by admin in Blog, Employee and Executive Agreements | 0 comments

New Efforts to Impose Liability onto Franchisors and Other Companies
10.03.17

Joint Employment, Temporary Employees & Franchises Picture calamity at a local fast food restaurant: A worker suffers a serious injury in a motor vehicle accident while delivering food; a group of workers claim of inadequate payment of hourly wages; a disabled worker alleges discrimination and failure to accommodate.  Can these workers reach past the limited […]

Guidelines for Navigating the FMLA

Posted by admin in Family Medical Leave | 0 comments

Guidelines for Navigating the FMLA
02.02.17

For qualifying employers, the FMLA (Family and Medical Leave Act) provides for 12 work weeks of unpaid leave for eligible employees within a 12 month period in the following situations:[1]   the birth of a child and to care for the newborn child within one year of birth; the placement with the employee of a […]

How to Navigate a Continued Professional Relationship Post-Graduation

Posted by admin in General | 0 comments

The Fair Labor Standards Act (“FLSA”) defines employment very broadly.  To “employ” is to “suffer or permit” to work.  Generally speaking, individuals who are permitted to work must be compensated – i.e. they are “employees.”  This necessarily involves the employer paying employment taxes and/or providing other employment-related insurance and tax contributions.   The employee classification may […]

Public Accommodations: An Overview of ADA Compliance and Benefits for Owners/Operators of Hotels, Bars, Restaurants and Theaters

Posted by admin in Blog, Disability Discrimination Under ADA | 0 comments

The Americans with Disabilities Act of 1990 and each of its subsequent updates has five main sections. Title I applies to employers, Title II applies to local and state government entities, Title III applies to private facilities and businesses offering commercial facilities and providing places of public accommodation, Title IV applies to telecommunications and common […]

Family and Medical Leave Act (“FMLA”)

Posted by admin in Blog, Family Medical Leave | 0 comments

Family and Medical Leave Act (“FMLA”)
07.12.16

  The Original Certification and Follow-Up with the Healthcare Provider An employer may require that an employee’s leave to care for his covered family member with a serious health condition, or due to the employee’s own serious health condition that makes the employee unable to perform one or more of the essential functions of the […]

Wage Deduction Authorization: A Sampling of State Law

Posted by admin in Blog, Employee and Executive Agreements | 0 comments

Wage Deduction Authorization: A Sampling of State Law
11.11.16

The Fair Labor Standards Act (FLSA) is the federal statute governing, among other things, the deductions employers may make from their employees’ paychecks. While compliance with the FLSA is obviously required, it is imperative that employers do not neglect to keep apprised of the requirements imposed by state law as well. This overview serves as […]

Potential Change to FLSA Compliance Date of December 1, 2016

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Potential Change to FLSA Compliance Date of December 1, 2016
02.11.16

Changes to the Fair Labor Standards Act (FLSA) in terms of the overtime exemption regulations were mandated, originally, to be in effect by December 1, 2016. The new requirements of the FLSA demand that covered employers pay “nonexempt” employees at least the minimum wage for each hour of work, and overtime pay for any hours […]

Changes to the Fair Labor Standards Act Affecting Employee Exemption Classifications

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Changes to the Fair Labor Standards Act Affecting Employee Exemption Classifications
18.11.15

Proposed changes to the Fair Labor Standards Act (FLSA) regulations affecting employee exemption classifications are set to take effect sometime next year.  The new regulations will make it more difficult for employers to classify certain employees as exempt.  The proposed changes are expected to double the minimum salary threshold for exempt employees from its current […]

The NLRB Continues to Expand the Definition of Protected Concerted Activity

Posted by admin in Blog, Discipline and Wrongful Termination | 0 comments

The NLRB Continues to Expand the Definition of Protected Concerted Activity
10.09.15

Protected Concerted Activity in the Workplace The National Labor Relations Board (NLRB) recently decided the case of Central States Southeast and Southwest Areas, Health & Welfare and Pension Funds, 362 NLRB No. 155 (Aug. 4, 2015) expanding the definition of protected concerted activity in the workplace. In that case, the employee, Frederick Allen Moss, was issued […]

Pre-Employment Personality Testing

Posted by admin in Age Discrimination, Blog | 0 comments

Pre-Employment Personality Testing
28.08.15

What is the legality of pre-employment personality testing? Pre-employment personality testing can raise concerns under Title VII of the Civil Rights Act, the ADA and the ADEA. However, if an employer is mindful of the tests they are administering and the impact the testing has on employment and hiring practices then pre-employment personality testing can […]

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