By Linda H. Evans, Senior Associate. This has been a busy year in the labor and employment law arena. And it is a good time to be sure your employee handbook is changing with the times! Here are a few areas that may need revising in your handbook: […]
Yearly Archives: 2013
By Linda H. Evans, Senior Associate. The Fifth Circuit recently addressed one of the lesser used exemptions under the Fair Labor Standards Act (FLSA) … outside sales. Reminder: Any employee who has been properly categorized as exempt, is exempt from the minimum wage and overtime hour requirements. Meza […]
By Linda H. Evans, Senior Associate. We know investigations by the DOL can be difficult. And if you’re found guilty of not paying proper wages, it can be very expensive. But this is ridiculous! Back in 2008, the DOL began investigating a market in California for failing to […]
By Kelline R. Linton, Junior Associate. In a Fair Labor Standards Act (“FLSA”) case on Tuesday (July 2), the D.C. Circuit Court of Appeals invalidated the 2010 DOL interpretation that declared loan mortgage officers were hourly employees. The Court’s holding was not based on the merits of the 2010 […]
By Kelline R. Linton, Junior Associate. Today, the United States Supreme Court struck down DOMA, the Defense of Marriage Act, in United States v. Windsor with a vote of 5-4. The Court ruled that DOMA is unconstitutional under the Fifth Amendment because it deprives the equal liberty of same-sex […]
By Linda H. Evans, Senior Associate. In a pair of employment decisions on Monday (June 24) the Court ruled in favor of employers. In the race discrimination claim, a cafeteria worker at an Indiana university had brought claims against a manager who had made derogatory remarks about her. The […]
By Linda H. Evans, Senior Associate. Federal District Court judges in New York ruled on June 11, 2013, that Fox Searchlight Pictures had violated federal and state minimum wage laws by not paying interns who worked on the movie Black Swan. This case could have a far-reaching impact, not […]
By Linda H. Evans, Senior Associate. The EEOC filed lawsuits on June 11, 2013, against retailer Dollar General Corp, and a BMW manufacturing plant in South Carolina over their use of criminal background checks to screen out applicants or fire employees. The agency claims the practice discriminates against African-Americans, […]