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
Once an employee requests an accommodation, the employer has a duty to engage in an “interactive process” to try to determine whether the employer can accommodate the employee’s disability...more
7/6/2022
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Interactive Process ,
Medical Leave ,
Reasonable Accommodation ,
Reversal ,
Summary Judgment
There finally seems to be a light at the end of the dark, COVID-19 pandemic tunnel. As spring transitions to summer, COVID-19 case numbers are decreasing while the vaccination rate is increasing. Given these positive...more
6/7/2021
/ Anti-Retaliation Provisions ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Training ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
OSHA ,
State and Local Government ,
Vaccinations ,
Workplace Safety
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
From: Tennessee Employment Law Letter | 04/01/2018 -
Employees who have taken or who are currently taking leave under the federal Family and Medical Leave Act (FMLA) aren’t necessarily protected from being selected for...more