Labor and Employment Law Blog - Page 2 of 7

Additional Medical Leave After the FMLA Period Expires

November 22, 2017ada, disabilities, fmla, leaveAmericans With Disabilities Act, Family and Medical Leave ActCharles Stiegler

Most employees are eligible for 12 weeks of medical leave under the FMLA. But other laws sometimes allow employees to take additional medical leave, even after FMLA rights expire. Click to learn more.

Can Companies Pay Overtime Based on Pay Periods?

November 1, 2017FLSA, pay periods, workweekFair Labor Standards Act, OvertimeCharles Stiegler

Can companies pay overtime based on pay periods, rather than workweeks? Under the federal FLSA, the answer is no – and stiff penalties may apply. click to learn more.

Is My Phone Call To a Lawyer Confidential?

October 26, 2017attorney-client, confidentialityUncategorizedCharles Stiegler

Phone calls to an attorney are confidential and privileged, even if you chose not to hire that lawyer. Click to learn more

FLSA Retaliation Claims

October 9, 2017FLSA, overtime exemption, wrongful terminationFair Labor Standards Act, Overtime, RetaliationCharles Stiegler

Employees may hesitate to complain about unpaid overtime or wages for fear of retaliation. The FLSA retaliation provision provides strong protections to employees who raise complaints about their wages. Click to learn more.

Are Immigrants Eligible for Overtime and Minimum Wage?

September 27, 2017FLSA, immigrants, minimum wageFair Labor Standards Act, Overtime, Unpaid WagesCharles Stiegler

Many immigrants are underpaid minimum wages or denied overtime pay. The FLSA provides a remedy – and the plaintiff’s immigration status is not relevant.

Update to FLSA Salary Basis Appeal

September 19, 2017overtime exemption, salary basisAppeals, Fair Labor Standards Act, OvertimeCharles Stiegler

The Fifth Circuit has dismissed the appeal regarding the FLSA salary basis regulations. Click to learn more.

Commissions Payments and Overtime – The FLSA Regular Rate

August 24, 2017commissions, FLSA, regular rateFair Labor Standards Act, OvertimeCharles Stiegler

Employers are required to take commissions into account when calculating overtime pay. Many fail to follow these rules and underpay their workers. Click to learn more about commissions under the FLSA.

FLSA Liquidated Damages

August 22, 2017liquidated damages, remediesFair Labor Standards Act, Overtime, Unpaid WagesCharles Stiegler

Liquidated damages, or double damages, are available in most FLSA cases, and can result in significant awards to successful plaintiffs. Click to learn more.

The Family and Medical Leave Act – The Key Employee Rule Under the FMLA

August 15, 2017fmla, key employee, salary basisFamily and Medical Leave Act, UncategorizedCharles Stiegler

The key employee provision of the FMLA is a little-used exception that allows companies to deny reinstatement to certain highly-paid employees. However, the rules surrounding this exception are strict. Click to learn more.

The Family and Medical Leave Act – An Employee’s FMLA Right to Privacy

August 11, 2017employee files, fmla, personnel file, privacy, recordkeepingFamily and Medical Leave ActCharles Stiegler

The FMLA right to privacy provisions place strict controls on employer use of confidential medical records. Click to learn more.