Live-In Domestics To Become Overtime Eligible In 2015
Effective January 1, 2015, the U.S. Department of Labor’s amended regulation concerning the employment of live-in domestic service...
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FBW
Jan 6, 20162 min read
New IRS Rule Prompts Restaurants to Abandon Automatic Gratuity
By David S. Fried and Joseph A. White In response to a new IRS rule which takes effect on January 6, 2014, some major restaurant chains...
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FBW
Jan 6, 20163 min read
Supreme Court Raises Bar On Title VIIRetaliation Claims
Employees are filing unlawful retaliation claims with increasing frequency. The number of retaliation claims filed with the EEOC doubled...
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FBW
Jan 5, 20163 min read
On-line Speech is No Different Than Traditional Forms of Public Communication
– Developing Law Around Social Media and the Workplace By David S. Fried Over the last year, we have written, blogged and linked many of...
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FBW
Jan 5, 20162 min read
OSHA Announces Rules for Food Safety Whistleblowers
By Joseph A. White In January 2011, President Obama signed into law the FDA Food Safety Modernization Act (FMSA). The FSMA protects...
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FBW
Jan 5, 20163 min read
Same-Sex Harassment: The Evolving Case Law
By Joseph A. White In an earlier post—“Title VII Covers Male Employee Harassed for Being ‘Unmanly’”—we discussed a Fifth Circuit case in...
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FBW
Jan 5, 20162 min read
Seventh Circuit Creates Circuit Split On “Failure To Conciliate” Affirmative Defense
By Joseph A. White If after investigation, the Commission determines there is reasonable cause to believe that the charge [of...
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FBW
Jan 5, 20163 min read
Some Men Are Six Feet Tall, Some Severance Payments Are Taxable
By David S. Fried On March 25, 2014, the Supreme Court ruled that severance payments to laid-off workers are subject to Social Security...
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FBW
Jan 5, 20163 min read
The Perils of Social Media – Sanctions for Deleting Evidence
By David S. Fried I’ve written before about social media and how these platforms can impact litigation strategies and outcomes. E-mail,...
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FBW
Jan 5, 20162 min read
Starbucks “Shift Supervisors” Can Share Customer Tips
Starbucks shift managers can participate in store “tip pools,” the Second Circuit Court of Appeals held on Thursday, November 21, 2013....
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FBW
Jan 5, 20161 min read
States Consider Legislation to Prevent Workplace Bullying
In the wake of the recent Miami Dolphins controversy, workplace bullying has become a hot topic. Twenty-five states (not including...
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FBW
Jan 5, 20162 min read
Suing To Enforce Mediated Settlement Does Not Violate Mediation Agreement
By Joseph A. White What happens at the mediation stays at the mediation. That’s the gist of a typical mediation agreement. The parties...
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FBW
Jan 5, 20161 min read
Supreme Court to Weigh Taxability of Severance Payments
The U.S. Supreme Court will decide in the upcoming term whether the I.R.S. can tax severance payments to laid-off workers. The Supreme...
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FBW
Jan 5, 20162 min read
Eleventh Circuit Punts on FMLA Estoppel
A recent case presented the Eleventh Circuit with this novel question: if an employer grants FMLA leave to an employee who is not FMLA...
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FBW
Jan 5, 20163 min read
Federal Contractor Liable For Acts of Subcontractor under the False Claims Act
By David S. Fried Last month, we wrote about the Supreme Court decision to expand whistleblower protection under the Sarbanes Oxley-Act...
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FBW
Jan 5, 20163 min read
Federal Court Reluctantly Enforces Class Action Waiver, Barring FLSA Collective Action
By Joseph A. White In 2013, the pendulum swung in favor of employers seeking to enforce class action waivers in arbitration agreements. A...
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FBW
Jan 4, 20162 min read
Employee’s Lies About Facebook Posts Justify Her Termination
By Joseph A. White A topic we’ve given a lot of attention in recent months is the use of social media in litigation—usually to a...
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FBW
Jan 4, 20162 min read
SCOTUS Resolves Circuit Split Regarding Free Speech Rights of Public Employees
Last month, the U.S. Supreme Court held that the First Amendment protects public employees who give truthful testimony under subpoena,...
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FBW
Jan 4, 20163 min read
Appellate Decision In Sexual Abuse Case Holds Lesson For Georgia Employers
By Joseph A. White Georgia employers who fail to follow their own background check procedures do so that at their own peril. That is one...
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FBW
Jan 4, 20162 min read
Ebola And The Work Place
By David S. Fried The World Health Organization has declared Ebola a public health emergency. Fears of an Ebola epidemic in the U.S. are...
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