Tag Archives: Inc.

Sharply Divided En Banc 5th Circuit Opines on Salary Basis Requirement for Day Rate Employees Under the FLSA

Photo of Peter StuhldreherPhoto of Paul KnettelBy Peter Stuhldreher and Paul Knettel on Posted in FLSA
In a 12-6 split decision, the en banc 5th Circuit Thursday evening released its ruling in Hewitt v. Helix Energy Solutions Group, Inc., Case No. 19-20023, addressing the issue of when an employee paid a daily rate can qualify for the “salary basis” requirement for certain exemptions from overtime pay under the Fair Labor Standards … Continue Reading

Conservative Kansas Joins the Liberal Ninth Circuit in Rejecting the Independent Contractor Classification of Delivery Drivers

Photo of Todd LebowitzBy Todd Lebowitz on Posted in Independent Contractor
Editor’s Note: This blog post is a joint submission with BakerHostetler’s Employment Class Action Blog. Last month we blogged about two Ninth Circuit opinions that deemed FedEx Ground drivers to be employees rather than independent contractors under California and Oregon law.  Last week the Kansas Supreme Court joined them, applying Kansas law to reach the … Continue Reading

The California Court of Appeal Finds That an Employee Expense is an Employee Expense is an Employee Expense

Photo of Vartan MadoyanBy Vartan Madoyan on Posted in California
On Tuesday, August 12, 2014, the California Court of Appeal (Second Appellate District) published a decision that could impact many employers in California. The threshold question at issue in the case was whether an employer was required to reimburse its employees for the reasonable expenses they incurred for the mandatory use of a personal cell … Continue Reading

Hobby Lobby: Likely First of Many Cases Pitting Religion Against ACA

By Virginia Medina on Posted in Retail, Supreme Court
The U.S. Supreme Court on June 30, 2014, ruled 5-4 that a closely held, for-profit corporation can qualify for an exemption from the U.S. Department of Health and Human Services (HHS) requirements mandating contraceptive coverage for employees. The exemption is only available if the mandate imposes a substantial burden on the corporation’s ability to “conduct … Continue Reading

Another Reminder That Inflexible Employment Policies and the ADA Don’t Play Well Together – Court Refuses to Dismiss EEOC Action Based on “100% Healed” Policy

By Steve Sutton on Posted in Discrimination, EEOC
One theme that resonates throughout court decisions and EEOC filings over the last few years is that application of inflexible employment policies to disabled employees often runs afoul of the Americans with Disabilities Act (ADA).  Such is the case with “100% healed” policies, which require employees returning from leaves of absence to do so without … Continue Reading

Interns and Anti-Discrimination Laws: Is Wang Employers’ High-Water Mark?

Photo of Pat MuldowneyBy Pat Muldowney on Posted in Harassment, New York, Retaliation
So you may have heard — a federal court in New York has dismissed an unpaid intern’s hostile work environment sexual harassment claim against a media company pursuant to the New York City Human Rights Law (“NYCHRL”).  (Wang v. Phoenix Satellite Television US, Inc., Case No. 1:13-cv-00218-PKC (S.D.N.Y. 2013).)  In granting the defendant’s motion to dismiss the plaintiff’s … Continue Reading

Employers Must Abide By GINA Regulations When Providing Health Screenings

Photo of Anat MaytalPhoto of Joyce Ackerbaum CoxBy Anat Maytal and Joyce Ackerbaum Cox on Posted in EEOC, Health & Wellness
Workplace health and wellness programs are becoming increasingly popular throughout the country, and this is not surprising at all, given how beneficial such programs can be for both employers and employees.  After all, healthy employees tend to be happier and more productive employees, which in turn makes employers happy and keeps healthcare costs down.  Everyone wins. … Continue Reading
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