The federal Family Medical Leave Act (FMLA) entitles covered employees to unpaid leave to deal with certain family and medical illnesses. As one employee learned the hard way, however, the law does not guarantee vacation on demand. Hurley v. Kent of Naples, Inc., 2:10-cv-00334-JES (11th Cir. Mar. 20, 2014). The employee suffered from depression, and… More
Charging for a Free Promise Can Land You in Court
As many of you know, we are not fans of the free ride on severance. If you want to offer your employee a softer landing and some severance at termination — you might as well get a release for your money. But as an employer in Tennessee recently learned, you cannot promise the money and… More
Garnishing The Wrong Wages Can Cost You Triple In Maryland
Keeping true to one of our favorite sayings — No Good Deed Goes Unpunished — Maryland’s highest court recently held that employees who are subjected to an inaccurate wage garnishment are eligible to bring a wage claim against their employer in Maryland. Marshall v. Safeway, Inc. (Md. Mar. 26, 2014). That means that if the… More
Chances Are, Your Confidentiality Policy is Unlawful
Most employers require that employees keep all company-related information confidential. The National Labor Relations Board (NLRB) has long frowned on such policies because from its perspective the language can “chill” an employee’s right to discuss confidential information such as wages and other terms and conditions of employment. And before you stop reading — even if… More
You Can Exhale a Little On Wage and Hour Claims
As most employers know, wage and hour claims under the Fair Labor Standards Act (FLSA) are one of the hottest topics for plaintiffs lawyers these days. Employers fear these claims because the laws are complicated and do not credit good intentions. Even a minor violation can lead to major liability. And many plaintiffs’ lawyers try… More