On April 1, a U.S. appeals court showed that the salary basis requirement is alive and well, regardless of how highly compensated an employee might be. The decision is a reminder to businesses that simply paying a guaranteed...more
4/4/2025
/ Appeals ,
Corporate Counsel ,
Employment Litigation ,
Employment Policies ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Wage and Hour
A recent decision from the U.S. Court of Appeals for the Seventh Circuit offers a welcome measure of protection for employers in overtime claims brought under the Fair Labor Standards Act. The court’s opinion highlights the...more
2/20/2025
/ Appeals ,
Appellate Courts ,
Compliance ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Over-Time ,
Recordkeeping Requirements ,
Summary Judgment ,
Wage and Hour
Tuesday was HR Professionals Day, an annual celebration that recognizes the hard work of Human Resource personnel and highlights the unique challenges they face. HR departments are often maligned, but they ensure that...more
9/26/2024
/ Cybersecurity ,
Data Breach ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Employment Discrimination ,
Human Resources Professionals ,
Phishing Scams ,
Reverse Discrimination ,
Sexual Harassment ,
Wage and Hour ,
Workplace Harassment Guidance
A federal appeals court recently refused to let a mortgage broker send its former employee’s disability discrimination lawsuit to arbitration, stating the company waived its right to arbitration when it actively participated...more
For years, litigation under the Fair Labor Standards Act has grown exponentially. In 2018 there were 8,824 FLSA lawsuits filed, in contrast with only 3,496 in 2008. A leading factor driving this trend is the near automatic...more
As we have seen recently, the U.S. Supreme Court is again considering overturning decades-long precedent. Nearly 40 years after the Court decided Chevron v. Natural Resources Defense Council, it has agreed to reconsider....more
The U.S. Supreme Court will soon decide whether a supervisor who was paid a daily, rather than a weekly, rate and earned more than $200,000 a year is exempt from the overtime provisions of the federal Fair Labor Standards...more
It’s been three years since California followed the lead of New York City and became the first state to prohibit discrimination based on ethnic hair textures and styles. But now, a total of 18 states have enacted such...more
Even if “somnambulism” is a disability, an employee who sleepwalks uninvited into the hotel room of her co-worker has no protection, according to a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit....more
A federal court recently ruled that an employee working remotely from New Jersey cannot assert claims under New York State’s and New York City’s Human Rights Laws.
Judge Edgardo Ramos said that the alleged discriminatory...more