Under US wage and hour law, the employer must maintain time records for non-exempt employees in order to avoid overtime liability. As a reminder, the Fair Labor Standards Act (FLSA) typically requires employers to pay non-exempt employees time and a half for any overtime worked. If an employer fails to do so, and if an… More
Month: February 2015
Discrimination Laws Don’t Necessarily Care About Practical Concerns
The Equal Employment Opportunity Commission (EEOC) recently issued a press release announcing its lawsuit against the international restaurant chain Ruby Tuesday, Inc. According to the EEOC’s complaint, Ruby Tuesday discriminated against men by refusing to consider male applicants for temporary positions at a Park City, Utah resort location. Male employees applied for the positions and… More
If Your Applicant Can’t Go On Demand – You Might Need to Accommodate
Urine screening is a fairly common test for many employers. But as is true for most personnel issues – beware the ultimatum. Kmart learned this lesson the hard way — EEOC v. Kmart Corporation et al., Civil Action No. 13-cv-02576. The story as set forth in the Complaint sounds very typical. Applicant applies for job,… More
Is A Company Responsible for its Employee’s Social Media Posts?
Question- Can your customer sue you if your employee disparages him? Short Answer- Yes! Just ask Hertz Rent-A-Car, as it was recently sued by a customer alleging negligent supervision, training, and retention. The customer alleged that Hertz breached its duty by allowing employees to use a Hertz computer to post disparaging comments on Facebook that… More