Labor and Employment Law Blog - Page 2 of 7

Fifth Circuit Denies Motion to Compel Arbitration in Employment Matter

June 12, 2018arbitration, contractsEmployment Contracts, Employment PoliciesCharles Stiegler

The Fifth Circuit denied an employer’s motion to compel arbitration for the simplest reason – the employer never signed the contract. Click to learn more.

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Fifth Circuit Rules on Motor Carrier Exemption – Just What is GVWR, Anyway?

May 17, 2018exemptions, FLSA, motor carrier exemptionFair Labor Standards Act, OvertimeCharles Stiegler

Carley v. Crest Pumping, a recent decision from the Fifth Circuit, addresses the Motor Carrier Exemption and the meaning of Gross Vehicle Weight Rating. Click to learn more.

New Rules for Tip Pools – the Tip Income Protection Act

April 3, 2018tip pool, tippingFair Labor Standards Act, Unpaid WagesCharles Stiegler

A recent provision in the 2018 federal omnibus budget act changed the rules for tip pools under the FLSA. Click to learn more.

Can An Employer Pay Comp Time Instead of Overtime?

March 1, 2018comp time, employee handbooks, FLSA, overtimeCollective Actions, Fair Labor Standards Act, OvertimeCharles Stiegler

Employers are required to pay overtime to anyone who works more than 40 hours in a week. But what about companies who offer comp time instead? Unless you work for a government agency, comp time arrangements are illegal and violate your right to overtime pay under federal law.

Your Tip Pool May Violate Federal Law

January 25, 2018minimum wage, tip pool, tippingFair Labor Standards Act, Unpaid WagesCharles Stiegler

Many restaurants force waiters and bartenders to enter into a tip pool to share their tips with other employees. But a tip pool violates federal law if it includes back of house employees. Click to learn more.

Law Firm Secretary Wins Over $120,000 In Overtime Suit

December 20, 2017administrative exemption, off the clock, salary, white collarFair Labor Standards Act, OvertimeCharles Stiegler

A law firm secretary recently won over $120,000 in an overtime lawsuit against a former employer. Many companies fail to pay their receptionist or secretary overtime as required by law. Click to learn more.

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 lawyer are confidential and privileged, even if you chose not to hire that attorney. 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.