Lest anyone consider me a heartless mongrel. (Other than you plaintiff’s lawyers, of course). I understand that many folks suffer from migraine headaches. Really bad, debilitating, serious health condition migraines. I get it. And, I sympathize. I’m sorry. That said, poll a room of HR professionals. With hella-side eye, they’ll tell…
“Are you a joint employer?” No, that’s not my law school pickup line. That would be a terrible pickup line; I’d be a lonely, single, blogging employment lawyer, sitting alone by candlelight eating baked beans out of the can. Actually, it’s the question that Dr. David Weil, administrator of the U.S. Department…
There they are. Those are my kids, after clearing our driveway with the discount shovels that I purchased from the dollar store. (I was tempted to splurge on the gas-powered snowblowers from the two-dollar store across the street; but, I’m not a monster). So, I did what any proud parent would do. I marketed…
Back when I had three kids — the one-year old (not pictured) is salting the sidewalk — I took some liberties with snow days and the Fair Labor Standards Act. I’m exempt of course (Executive exemption — like a boss!). For the kids, rather than worry about minimum wage or overtime,…
About three years ago, I blogged here about Genesis HealthCare Corp. v. Symczyk, a Supreme Court decision addressing a situation in which a Fair Labor Standards Act collective action could be dismissed if the lead plaintiff rejects a Rule 68 offer of judgment. However, the Supreme Court left open the issue of “whether an unaccepted…
Well, at least it was a phone interview. Hey, one thing you guys know about me is that I’m all about the low hanging fruit and the cheap laugh. So, when I see that CareerBuilder has published it’s 2016 version of “Employers Share Strangest Interview Mishaps and Biggest Body Language Mistakes,”…
This Tuesday blog post is brought to you by the number 20. As in, when your non-exempt employees go on break for 20 minutes or less, you need to pay them for that time. A “bright-line rule.” The regulations to the Fair Labor Standards Act say (here) that “rest periods of…
***Double checks Powerball ticket*** Dammit! Oh, hi there. I didn’t see you come in. Now, get out of here and head over to Thompson’s HR Compliance Expert. You’ll find a new feature called “Opposing Counsel.” At various points throughout the year, I will debate HR-compliance issues with employee-rights lawyer, and my…
Unfortunately, I did not win last night’s Powerball jackpot. Thus, today, you get a substantive post about employment law, rather than a terse, “Thanks for reading, suckers!” Send Off. Oh, but you’re still my suckers. I say that with peace and love. Suckers. Workplace class actions are booming! Today, for the…
I’ve blogged (here) that grilling a medical marijuana user about her disability, just before firing the employee, could give rise to a viable disability-discrimination claim. In other words, where the disability (as opposed to the medical marijuana use) motivates the employment action, that’s discrimination. I’ve blogged before (here) that the Americans with…