3/3/16
By: Brad Adler and Amanda Hall
We have discussed tip-pooling programs in the past. Generally speaking, the Fair Labor Standards Act (“FLSA”) permits an employer to fulfill part of its hourly minimum wage obligation to tipped employees using the …
2/25/16
By: Michael Hill
We have previously discussed the DOL’s decision to narrow the definition of “independent contractor” so that more workers can be deemed “employees” and thus subject to federal wage and hour laws. On a similar theme, …
Can You Hear (or See) Me Now? No, and that May Constitute Spoliation
2/24/16
By: Andy Treese
The Georgia Court of Appeals recently held that a municipality may be subject to sanctions for failure to preserve audio recordings of a police pursuit when the recordings were destroyed in the ordinary course of business before …
The EEOC Expands Efforts to Tackle HIV Discrimination
2/16/16
One area in which we expect to see an increase in discrimination charges in 2016 is employees with HIV/AIDS. On December 1, 2015, the EEOC announced that it resolved almost 200 charges of discrimination based on …
Issuing a Reservation of Rights? You May Lose Control Over Settlement
2/5/16
By: Jonathan Romvary
By reserving the right to deny coverage, insurers may be relinquishing the power to force the policyholder to forego reasonable settlement opportunities for covered claims that do not align with the goals of the insurer. In Babcock …
The Service Advisor Quandary – It's Now the Supreme Court's Turn
2/2/16
By: Brad Adler and Tim Holdsworth
For over forty years, courts have almost universally found that auto dealership service advisors were exempt from the FLSA’s overtime requirements under the salesman exemption contained in Section 13(b)(10)(A) of the statute. In contrast, …
IRS Says Identity Theft Protection is No Longer Taxable
1/22/16
By: David Cole
The Internal Revenue Service (IRS) recently announced that it will treat identity theft protection as a non-taxable, non-reportable benefit, even when offered proactively before any data breach, and regardless of whether it is offered by an employer …
Employers Win a Healthy Victory Against The EEOC on Employee Wellness Programs
1/19/16
By: Amanda Cash
While the EEOC filed multiple lawsuits in 2014 challenging the employee wellness programs of three different companies, employers won a significant victory on the last day of 2015 in the wellness program arena. On December 31, 2015, …
1/14/16
With less than three months left before the FY 2017 filing period, it is high time for employers to start gearing up for this year’s H-1B season.
Under the current cap system, the USCIS allots a …
Houston Voters Reject Sexual Orientation and Gender Identity Antidiscrimination Law
11/18/15
By: Tim Holdsworth
In one of the most closely watched votes on Election Day 2015, citizens of Houston overwhelmingly voted to repeal the Houston Equal Rights Ordinance (“HERO”). Passed by the city council last year, the ordinance augmented federal and …
Obama "Bans the Box" to Give Ex-Offenders a Shot at Employment
11/6/15
This week, President Obama announced the Administration’s latest effort to reintegrate ex-offenders into society—this time by “banning the box.”
The “box,” of course, refers to the question on job applications of whether the applicant has been …
10/23/15
By: Tim Holdsworth
Last week, the University of Southern California fired their head football coach, Steve Sarkisian, for attending a practice under the influence of alcohol. This was purportedly not the first time that Sarkisian’s drinking affected his coaching duties. …
