Last month the United States Supreme Court (“SCOTUS”) delivered a pro-employer ruling on the standard of proof required under certain provisions of the Fair Labor Standards Act (FLSA). In E.M.D. Sales, Inc. v. Carrera, the...more
2/19/2025
/ Appeals ,
Burden of Proof ,
EMD Sales Inc v Carrera ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Minimum Wage ,
Over-Time ,
SCOTUS ,
Wage and Hour
On Saturday, November 6, 2021, the United States Court of Appeals for the Fifth Circuit temporarily suspended the Biden administration’s emergency temporary standard (“OSHA ETS”) for employers with 100 or more employees. As...more
Ensuring correct employee classification for purposes of compliance with wage and hour laws is one of the most daunting challenges employers face. Classification criteria such as being engaged in “management” and use of...more
As this recent case demonstrates, consistent documentation can be your saving grace in defending a wrongful termination lawsuit, while inconsistent enforcement of rules can be your downfall.
Facts -
Ramona DeBra worked...more
2/7/2019
/ ADEA ,
Adverse Employment Action ,
Age Discrimination ,
Appeals ,
But For Causation ,
Documentation ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Performance Improvement Plans ,
Poor Job Performance ,
Preponderance of the Evidence ,
Summary Judgment ,
Trial Court Orders ,
Wrongful Termination
A recent decision by the Court of Appeals of Tennessee, in which the employer prevailed in a retaliatory discharge claim, demonstrates the importance of (1) maintaining confidentiality of workplace investigations and (2)...more
8/3/2018
/ Appeals ,
Burden of Proof ,
Confidential Employer Investigations ,
Employer Liability Issues ,
Hiring & Firing ,
Hospitals ,
Human Resources Professionals ,
Poor Job Performance ,
Protected Activity ,
Race Discrimination ,
Racist Remarks ,
Retaliation ,
Salespersons ,
Workplace Investigations ,
Wrongful Termination
On April 2, 2018, the U.S. Supreme Court issued a decision, Encino Motorcars, LLC v. Navarro, interpreting what is known as the “auto dealers exemption” under the Federal Labor Standards Act (“FLSA”)....more
4/4/2018
/ Appeals ,
Automotive Industry ,
Car Dealerships ,
Congressional Intent ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative History ,
Navarro v Encino Motorcars ,
Over-Time ,
Reversal ,
Salespersons ,
SCOTUS ,
Service Advisors ,
Statutory Construction Test ,
Wage and Hour