Tenth Circuit Endorses “Fluctuating Workweek” Method of Calculating Overtime for Misclassified Salaried Employees

In a decision that could lead to significant litigation cost savings for employers, the U.S. Court of Appeals for the 10th Circuit endorsed the fluctuating workweek method of calculating back pay awards for misclassified salaried... Read more »

Employers Face Increase in Donning and Doffing Suits

Any company can be targeted for a donning and doffing lawsuits as long as its employees wear uniforms or protective gear, or spend pre- or post-shift time performing a task like booting up a... Read more »

Addressing Reasonable Compensation

Executives tend to be well paid in corporate America.  In response, the media is debating whether these executives are really worth the amounts they are taking home.  And, since the answer to... Read more »

New DOT Drug and Alcohol Testing Regulations Will Become Effective August 25, 2008

On August 25, 2008, certain newly created U.S. Department of Transportation drug and alcohol testing regulations will become effective. The new regulations amend or create new sections to 49 C.F.R. Part 40, and contain new or... Read more »

Seven Ways to Improve Your Working Relationships

Each of the seven steps can help litigators de-escalate the conflict inherent in litigation before all-important settlement negotiations, whether they are conducted with the assistance of a third party neutral or not. One... Read more »

Workplace Bullying – A Label of Convenience?

Over the past several months, I have been reading article after article about a highly emotional and ugly workplace phenomenon commonly refered to as workplace bullying. While I am certain that bullies... Read more »

U.S. Supreme Court – U.S. Supreme Court Rules In Key Benefit Cases

In the closing days of its most recent term, the U.S. Supreme Court issued two decisions relating to the design and administration of employee benefit plans. The first, Metropolitan Life Insurance Company v. Glenn, addressed... Read more »

NLRB General Counsel Issues Guidelines On Political Advocacy In The Workplace

On July 22, 2008, the Office of the General Counsel for the National Labor Relations Board issued General Counsel Memorandum GC 08-10 to all of the NLRB’s regional directors, officers in charge, and resident officers... Read more »

Properly Applying Discipline: Using Professional Sports as an Example

When it comes to applying discipling, will your company handle a problem employee like the Red Sox or the Eagles?  Two malcontent professional athletes and their employers' responses provide examples for all... Read more »

DOL Provides Guidance Regarding Hours Worked Under FLSA

The U.S. Department of Labor has clarified compensable work time under the Fair Labor Standards Act in regard to meal breaks, straight time and overtime. In an opinion letter dated May 15, 2008, the... Read more »