The highly compensated employee (HCE) exemption under the Fair Labor Standards Act (FLSA) is one of the most complex exemptions in employment law. In the recent case of Gilchrist, et. al. v. Schlumberger Technology Corp.(5th...more
7/18/2025
/ Administrative Exemption ,
Corporate Counsel ,
Employee Rights ,
Employer Responsibilities ,
Employment Policies ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Federal Labor Laws ,
Highly Compensated Employees ,
Over-Time ,
Wage and Hour ,
White-Collar Exemptions
In employment law, we traditionally think of discrimination as applying to minority groups: African Americans, women, homosexuals, or other legally protected groups. In analyzing discrimination claims, one of the first...more
6/19/2025
/ Ames v Ohio Department of Youth Services ,
Appeals ,
Disparate Treatment ,
Employment Discrimination ,
Employment Litigation ,
McDonnell Douglas Formula ,
Protected Class ,
Reverse Discrimination ,
SCOTUS ,
Sex Discrimination ,
Summary Judgment ,
Title VII
In this installment of the More with McGlinchey Podcast, labor and employment attorney Susan Desmond and maritime attorney Marcelle Mouledoux discuss the Safer Seas Act and Title VII requirements for the marine industry. They...more
The National Labor Relations Board (NLRB) can change subject to political whims – particularly since the President appoints the agency’s board members and the Office of the General Counsel. Interestingly, on January 25,...more
3/7/2025
/ Confidentiality Agreements ,
Employee Monitoring ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Non-Disparagement Provisions ,
Regulatory Reform ,
Restrictive Covenants
We’ve seen the President issue a number of executive orders in recent weeks. What is the precedent for these orders, particularly when it comes to governing the operations of federal contractors? What is the process for these...more
2/14/2025
/ Appeals ,
Biden Administration ,
Compliance ,
Department of Labor (DOL) ,
Employment Litigation ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Federal Labor Laws ,
Minimum Wage ,
OFCCP ,
Statutory Interpretation ,
Trump Administration ,
Wage and Hour
Have you heard of “wearable technologies”? You may not be familiar with this term, but you are probably already using devices like Fitbit, smartwatches, and more. Even police departments leverage this technology to solve...more
All employees have a right to engage in concerted activity under the National Labor Relations Act (NLRA)—often called “protected concerted activity (PCA)”—meaning that even in a non-union environment, an employer cannot...more
1/28/2025
/ Anti-Discrimination Policies ,
Compliance ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Retaliation ,
Sexual Harassment
Due to growing awareness and diversity, equity, and inclusion (DEI) policies, the public has slowly begun to accept transgender individuals and those who do not identify as a man or a woman (non-binary). On his first day in...more
1/27/2025
/ Anti-Discrimination Policies ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Gender Identity ,
Sex Discrimination ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender ,
Trump Administration
In an effort to embrace diversity and inclusion, many employers established Diversity, Equity, and Inclusion (DEI) programs. The look of these programs varied from company to company; however, many of the programs...more
1/24/2025
/ Affirmative Action ,
Civil Rights Act ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Executive Orders ,
Hiring & Firing ,
OFCCP ,
OMB ,
Race Discrimination ,
Reverse Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Title VII ,
Trump Administration
Technology—what did we ever do without it? There are many technological programs at an employer’s disposal, ranging from checking a candidate’s background during the application process to surveilling employee activity by...more
11/8/2024
/ Algorithms ,
Artificial Intelligence ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Reports ,
Decision-Making Process ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Machine Learning ,
OFCCP ,
Third-Party ,
Wage and Hour
On April 1, 2020, the National Labor Relations Board (NLRB or the Board) made various amendments to its rules and regulations governing blocking charges, the voluntary-recognition bar doctrine, and proof of majority support...more
The California Supreme Court recently upheld a California law that classifies drivers for app-based transportation companies, such as Uber, Lyft, or DoorDash, as independent contractors and not employees, provided the company...more
The Louisiana Legislature amended two important employment laws: the wage payment statute and the noncompete statute. The amendments to the wage payment statute become effective on August 1, 2024, and the amendments to the...more
Your assistant sends you an email late in the evening (way after the 5:00 hour) and reminds you that you have an appointment in the morning. You respond: “Thanks for the reminder. Could you please make sure that I have...more
Come November, the United States citizens will vote for the next president. While all presidential elections cause differences of opinion (and sometimes hurt feelings), when can an employee talk politics at work? When can...more
The issue of who is an independent contractor can be tricky, particularly in the age of technology. If an employer misclassifies an individual as an independent contractor, there are a number of penalties for which the...more