Skilled Legal Representation
For Both Employers & Employees

Blog

Waitress Fired for Negative Comments Posted on Facebook

In yet another example of an employee fired for materials posted on a social media site, a 22-year-old waitress employed at a pizza restaurant in North Carolina, was abruptly terminated after posting negative comments about one of her customers on Facebook (the customers apparently lingered in the restaurant for hours and left her a meager tip).

Read More

Employees Beware — Your Facebook Posts or Blog Can Result in Termination

With the explosive popularity of social media sites like Facebook, MySpace, YouTube and Twitter, an ever-expanding segment of the population is taking advantage of the opportunity to connect with old friends and family members by broadcasting pictures and details of their daily lives.

Read More

Policy Banning Overtime Work Does Not Provide Blanket Protection

The Fair Labor Standards Act requires the vast majority of employers in this country to pay overtime (one and one-half times a non-exempt employee's regular hourly rate of compensation) for any hours worked over 40 in any given workweek.

Read More

Proposed Legislation Threatens New FLSA Penalties

As reported by the Fisher & Phillips, LLC employment blog, both the Senate and House have proposed bills that would, if passed, provide for expansive changes in the Fair Labor Standards Act's (“FLSA”) civil monetary penalties.

Read More

FLSA Amended to Mandate Breaks for Nursing Mothers

Although it has largely flown under the radar, a section of the Patient Protection and Affordable Care Act recently signed by President Obama amended the Fair Labor Standards Act (“FLSA”) to require employers to provide rest breaks and space for employees who are nursing mothers to express breast milk.

Read More

COBRA Subsidy Extended Through May 31, 2010

In an earlier article posted on this blog, we reported that the COBRA subsidy benefit under the American Recovery and Reinvestment Act of 2009 (“ARRA”) (which provides a 65% subsidy for COBRA premiums) expired on March 31, 2010.

Read More

Docking Time from An Exempt Employee’s Leave Bank — Is It Permissible?

Under the Fair Labor Standards Act (“FLSA”), which governs the payment of minimum wage and overtime compensation, certain employees are considered “exempt” from the FLSA's overtime and minimum wage requirements.

Read More

Department of Labor Reverses Course on Mortgage Loan Officers

On March 24, 2010, the Department of Labor abruptly reversed its position on the exempt status of mortgage loan officers for purposes of eligibility for overtime compensation.

Read More

Withholding Compensation Can Be a Costly Proposition

Our clients frequently seek advice concerning their rights when a departing employee owes money to the company. This issue presents itself in many different contexts — an employee refuses to return a laptop or other company property, has borrowed money from the company, received tuition assistance or costly training, received a payroll advance or leaves with a negative vacation balance.

Read More

Proposed Legislation Targets Misclassification of Workers

In an effort to remedy what is a pervasive problem across the United States, Congress has introduced “The Employee Misclassification Prevention Act” that would amend the Fair Labor Standards Act (the federal law governing overtime and minimum wage) by imposing record keeping and notice requirements designed to identify workers misclassified as “exempt” (i.e. not entitled to overtime and sometimes even minimum wage) or as independent contractors.

Read More