Blog
Eleventh Circuit Distinguishes “Service Charges” From “Tips” Under the FLSA
September 1, 2022
In Compere v. Nusret Miami, LLC, a case of first impression, the United States Court of Appeals for the Eleventh Circuit recently addressed the question of whether mandatory service charges imposed by restaurants are “tips” under the Fair Labor Standards Act.
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Massachusetts: Divided Appeals Court Makes Summary Judgment Even Less Likely for Employers
August 29, 2022
Getting an employment case dismissed before trial has always been pretty elusive in Massachusetts state courts, but if a recent ruling by a divided panel of the Appeals Court stands as written, it just became even more difficult.
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Employer’s Aggressive Tactics Allow Court to Deny Enforcement of Restrictive Covenant
August 25, 2022
Imagine that you have an employee that is leaving your company that has signed a non-competition and non-solicitation agreement. Now, let us imagine that same employee starts a business that not only directly competes with your business, but is taking clients from your business from the contacts he or she developed there.
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Pregnancy Accommodation Win for Wal-Mart Over the EEOC
August 24, 2022
The Seventh Circuit Court of Appeals affirmed the grant of summary judgment in favor of Wal-Mart Stores East, LP (“Wal-Mart”) regarding a lawsuit brought by the Equal Employment Opportunity Commission (“EEOC”) under Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act.
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Are Rumor Based Beliefs a Defense to Discrimination Claims?
August 24, 2022
Does an employer violate discrimination laws when it acts on information that it honestly believes about an employee that disqualifies him from the job? An appellate court recently provided the answer.
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Musings on a California Wage (Reimbursement) Suit
August 16, 2022
California Labor Code Section 2802 makes employers liable for expenses “in direct consequence of the discharge of his or her duties…” Covered reimbursement-required expenses can include travel, personal phone use, and furnishing a home office (if it’s required).
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USCIS Extends Compliance Flexibilities Implemented During COVID-19 Pandemic
August 15, 2022
Over the last few years, the United States Citizenship and Immigration Services (“USCIS”) has relaxed various compliance requirements recognizing they had become impracticable during the COVID-19 pandemic.
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Extraordinary Workplace Misconduct: The Case of the Somnambulant Sales Rep
August 12, 2022
Should an employee who, while at a convention, knocks on a coworker’s hotel room door, enters, then heads to the coworker’s bed wearing nothing but a robe be fired, even if the employee claims to have been sleepwalking at the time?
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Employers, You Don’t Always Have to Call Your Attorney First… Take a Look at the US DOL’s elaws Advisors
August 1, 2022
The U.S. Department of Labor has provided many free resources for employers to educate and comply with their obligations under a multitude of workplace laws.
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Employers – Don’t Automatically Assume Prescription Meds Pose a Danger in the Workplace
July 13, 2022
It’s not surprising that some employers are concerned when employees take prescription medications that come with certain warnings – particularly when those employees are working with heavy machinery or sharp objects, or getting behind the wheel of a vehicle.
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Is Virtual I-9 Verification Here to Stay?
July 12, 2022
In this blog, we discuss document verification that takes place other than in-person.
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Political Speech Can Contribute to Hostile Work Environment
July 11, 2022
Political expression is not often a factor in workplace discrimination or hostile work environment claims. However, in a recent opinion, the Massachusetts Superior Court determined that, in certain circumstances, political expression can contribute to unlawful discrimination in violation of Massachusetts law.
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