Employers that maintain a policy of treating any employee unable to return to work following the expiration of FMLA leave as having voluntarily resigned are begging for trouble.
But don’t just take my word for it. Continue reading
Emphasizing that the Department of Labor has used a minimum salary requirement to help decide who is overtime-eligible, the Fifth Circuit Court of Appeals recently determined that the Fair Labor Standards Act authorizes this benchmark. Continue reading
The Federal Trade Commission, the architects of the sweeping noncompete ban that a federal judge in Texas set aside last month, told a federal judge in Pennsylvania yesterday that an appeal of the Texas decision “would likely take months to fully brief and could take a year or longer until a final decision.” Continue reading
So much about what I’m about to tell you is messed up. Continue reading
Back in the day, it could be difficult for a plaintiff claiming disability discrimination even to prove that they had a disability. Continue reading
I’ll go ahead and file this one under: “Ya think?”
But perhaps I’m getting out over my skis. So, let’s see what you think. Continue reading
Because I’m here to remind you (and tell them) that “salary exempt” generally means nothing unless the employee performs certain duties. Continue reading
An employee claiming that she endured sexual harassment must present evidence of “severe or pervasive” conduct based on her sex that was bad enough to interfere with her working conditions or create an intimidating workplace.
When a plaintiff initially presents these claims in court an initial filing, she does not have to detail every sordid fact and incident. Indeed, a short, plain statement of the facts — enough to place the defendant on notice of the claims against it will suffice.
At the same time, those initial claims of sexual harassment must be plausible — even in California, the most employee-friendly state in the country.
The Employer Handbook Blog
