News & Analysis as of

Wage and Hour › Termination › Fair Labor Standards Act (FLSA)

Constangy, Brooks, Smith & Prophete, LLP

Employee quits but tries to take it back: Can she do that?

Constangy, Brooks, Smith & Prophete, LLP on

A true story, somewhere. You are Dilbert, the head of Human Resources for a fictional company that is not perfect but still a pretty decent place to work. You have an employee, Dolores, who is more trouble than she’s...more

Fox Rothschild LLP

With Federal Funding in Flux, Some Employers May Need to Review Layoff Procedures

Fox Rothschild LLP on

Terminations and layoffs are often the subject of employee class action lawsuits, whether they are brought under the federal Fair Labor Standards Act (“FLSA”), the federal Worker Adjustment and Retraining Notification Act...more

Constangy, Brooks, Smith & Prophete, LLP

FMLA leave: 5 things this employer (allegedly) did wrong

Constangy, Brooks, Smith & Prophete, LLP on

Don't be this employer. (Allegedly.) Not long ago, I posted about an employer who won summary judgment in an FMLA case and noted five things that the employer did right, which helped it win. Sad to say, a decision came out...more

Dickinson Wright

The Employment Malpractices at the Yellowstone – Dutton Ranch: “Damn Right I Did It!”

Dickinson Wright on

With Season 4 of Yellowstone in the books, and having time to fully process the impact of the U.S. Supreme Court’s OSHA vaccine mandate decisions, we thought we would kick off the 2022 All Things HR Blog by taking a deeper...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Proposes to Drastically Restrict the Use of Non-Compete Agreements

Sheppard Mullin Richter & Hampton LLP on

Last month, the New Jersey State Senate introduced Senate Bill 3518 (the “Bill”), which, if passed, will severely restrict the use and enforceability of employee non-compete agreements in the state of New Jersey. Most...more

Jackson Lewis P.C.

Here’s A Tip, Minnesota: Discharging Employees For Refusing To Share Gratuities Is Prohibited

Jackson Lewis P.C. on

Discharging an employee for refusing to share tips is illegal under the Minnesota Fair Labor Standards Act (MFLSA), according to the Supreme Court of Minnesota. Burt v. Rackner, Inc., 2017 Minn. LEXIS 629 (Minn. Oct. 11,...more

Proskauer - California Employment Law

California Employment Law Notes - July 2016

Proskauer - California Employment Law on

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Orrick - Employment Law and Litigation

Will HR Managers Get Cooked? Second Circuit Says Culinary Institute’s Human Resources Director May Face Individual Liability...

Orrick - Employment Law and Litigation on

Whether a Human Resources Director will be deemed the “employer” and held individually liable for alleged violations under the Family Medical Leave Act (“FMLA”) should be left to the jury, according to the Second Circuit’s...more

Saul Ewing LLP

Higher Education Highlights - Spring 2016

Saul Ewing LLP on

Upcoming changes to the Fair Labor Standards Act salary-basis test may convert many of your smartphone-toting exempt employees into non-exempt employees, requiring you to track the evening and weekend time these employees...more

Parker Poe Adams & Bernstein LLP

A Reminder to Employers That FLSA Claims Cannot Be Waived in Most Circumstances

Parker Poe Adams & Bernstein LLP on

When an employer signs a general release of claims with a former employee, it expects that the agreement and the consideration provided will prevent future legal claims. However, certain actions, such as Workers’ Compensation...more

Franczek P.C.

Under the FLSA, the NLRB Says Even "Non-Concerted" Activity Can Be Concerted

Franczek P.C. on

My colleagues and I have noted repeatedly over the past couple of years that the National Labor Relations Board takes a very expansive view of the National Labor Relations Act, even (and perhaps especially) when the case does...more

Morrison & Foerster LLP

Employment Law Commentary -- Volume 25, Issue 5 -- May 2013: When Is a Complaint a Complaint? After Kasten and beyond

Morrison & Foerster LLP on

Employees, like a lot of people, complain. Work may be too hard, it may be too easy, and for many people work may never be quite right. As they say, the grass is always greener on the other side. But when does a passing...more

Spilman Thomas & Battle, PLLC

Primer on West Virginia State Law Labor and Employment Claims

Spilman Thomas & Battle, PLLC on

On January 4, 2013, Judge Irene M. Keeley of the United States District Court for the Northern District of West Virginia issued a Memorandum Opinion and Order that partially granted the Defendant’s Motion for Summary Judgment...more

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