It Should Come As No Surprise — Personal Liability For Unpaid Wages Under The FLSA
I read with some amusement the article entitled, "Supermarket CEO Found Personally Liable Under FLSA" on page 63 of the October 2013 HR Magazine from SHRM. Don't get me wrong, [...]
When Arbitration Agreements Violate The National Labor Relations Act
The NLRB continues to assert its position that arbitration agreements that prohibit class action lawsuits violate the NLRA. Under D.R. Horton, Inc., 357 NLRB No. 184 (2012), the Board held [...]
Gold’s Gym Employees Are Flexing Their Muscles — The Regular Rate of Pay
Gold's Gym was recently hit with a lawsuit by employees who claim, among other things, that their commissions and bonuses were not included in calculating their overtime compensation. It is [...]
They All Look Like Mary Poppins
Years ago I participated in a deposition of a sexual harassment plaintiff. She claimed to be a victim of unwanted sexual banter. The defendants did not deny the banter. They [...]
The Ambiguity of the On-Duty Meal Period
I often tell clients that ambiguity creates lawsuits. It may be the ambiguity in the facts that allows a plaintiff to assert a particular claim. Often it is the law [...]
When Is Same Sex Harassment Actionable?
The scenario is a common one-- in a construction, manufacturing, or other workplace where big, burly men are predominately employed, a "less manly" man is ridiculed and mocked. The behavior [...]