The status of a graduate assistant must be analyzed based on the 'economic realities' of each individual.
How do you prevent employees from claiming overtime wages for the off-the-clock time they spend receiving, reading, and sending work-related emails? Maybe an email curfew is the answer.
Understand and pay attention to these issues of national-origin discrimination, if for no other reason than the fact that the EEOC is watching.
How you choose publicly to respond to allegations is open to cross-examination in later depositions and at trial.
My favorite exchange from the oral argument illustrates my concern over the coercive nature of card-check recognition.Read More
Social media is not creating new laws, but is merely creating new applications of existing laws to an evolving communication and technology tool.Read More
There is a clear advantage to paying your salaried non-exempt employees via the fluctuating workweek. Just make sure you meet the FLSA’s four-pronged test.
Bravo to Eugene Krabs for bringing the plight of the unpaid intern to the forefront of pop culture. Employees are not allowed to volunteer their time or work for free.Read More
Look for the Court to craft a rule that any gear, whether typically worn as clothing or not, is compensable 'protective gear' if it’s intended use is for protection for the specific needs of the job in question.Read More
Unless a bully is harassing someone because of a protected class (race, sex, age, disability, religion, national origin) bullying is probably legal.Read More