Practice: Employment Law & Litigation
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Employment Law & Litigation
Pay to Quit Policies: How to Protect Your Business
- June 4, 2014
- By Allen & Gooch
Major Companies Trying Out New Pay to Quit Policies Zappos introduced an innovative human resources policy known as Pay to Quit that is now being adopted by other employers. Amazon explained the policy behind a Pay to Quit policy in a letter to their shareholders “[t]he goal is to encourage folks to take a moment […]
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Employment Law & Litigation
Court Highlights Importance of Drafting Consistent Employment Policies
- April 21, 2014
- By Allen & Gooch
Vacation Time Owed Must be Calculated When Employment Ends In Grady v. Choices of Louisiana, Inc., — So.3d — (La. App. 5 Cir. 3/12/14), Plaintiff Tisha Grady was hired as a licensed practical nurse with Choices of Louisiana, Inc., an opioid treatment center. Ms. Grady was hired before July 1, 2010, and she was eligible […]
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Employment Law & Litigation
FLSA Outside Sales Exemption: Recent Favorable Ruling for Employer
- April 8, 2014
- By Allen & Gooch
Federal Court Rules Loan Officers are Exempt from Overtime Prospect Mortgage faces more than one hundred cases on whether loan officers were exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA). Prospect has argued that the loan officers were exempt from the FLSA overtime provisions because the primary duties […]
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Employment Law & Litigation
Employees Not Owed Compensation for Changing Into Protective Gear
- February 6, 2014
- By Allen & Gooch
Unanimous Ruling by the Court In a 9-0 opinion by Justice Scalia, the United States Supreme Court ruled in Sandifer v. U.S. Steel that employees were not owed compensation for the time spent donning protective gear. The petitioners sought back pay under the Fair Labor Standards Act Sec. 203(o) for the time taken to put […]
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Employment Law & Litigation
SCOTUS: Sandifer v. United States Steel Addresses 40 Hour Work Week
- January 27, 2014
- By Allen & Gooch
UPDATE: SCOTUS RULES NO COMPENSATION OWED FOR TIME SPENT CHANGING INTO PROTECTIVE GEAR. CLICK HERE TO READ FOLLOW-UP ON THE COURT’S DECISION. Changing Clothes Under the Fair Labor Standards Act On November 4, 2013, the US Supreme Court heard oral arguments on what constitutes “changing clothes” within the meaning of Section 203(o) of the Fair […]
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Employment Law & Litigation
Arbitration Agreements with Class Action Waivers Violate NLRA
- January 10, 2014
- By Allen & Gooch
Employers Cannot Eliminate an Employee’s Right to Sue Over Unfair Labor Practices by Arbitration Agreement In D.R. Horton, Inc. v. N.L.R.B., 737 F.3d 344 (5th Cir. 2013), the National Labor Relations Board (NLRB) held that D.R. Horton, Inc. (Horton) had violated the National Labor Relations Act (NLRA) by requiring employees to sign an arbitration agreement […]
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Employment Law & Litigation
Fair Labor Standards Act: When an Intern Qualifies as an Employee
- December 13, 2013
- By Allen & Gooch
Does an Intern Fall Under the Protection of the Fair Labor Standards Act? The United States Second Circuit Court of Appeals is currently reviewing a pair of cases that address whether interns meet the definition of an employee under the Federal Fair Labor Standards Act (FLSA) that gives minimum wage protections to workers. The outcome […]
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Employment Law & Litigation
NLRB Rules Against Costco for Social Media Policy
- December 9, 2013
- By Allen & Gooch
Social Media Policy Held to Limit Collective Bargaining Last year, the National Labor Relations Board (NLRB) ruled that a provision of Costco’s Employee Handbook prohibiting employees from electronically posting statements that damage the Company or damage any person’s reputation constituted an unfair labor practice. In so ruling, the Board found that the general prohibition would […]
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Employment Law & Litigation
NLRB Rules Against Employment-At-Will Policies
- December 3, 2013
- By Allen & Gooch
NLRB Cracks Down on Employee Handbooks Last year, the National Labor Relations Board (NLRB) ruled against the American Red Cross and Hyatt Hotels Corp. with respect to the employment-at-will provisions contained within their employee handbooks. The provision in the American Red Cross’s employment handbook provided that the at-will employment relationship could not be amended, modified, […]
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Employment Law & Litigation
Second Injury Fund: When You Can Ask for an Employee’s Medical History
- November 12, 2013
- By Allen & Gooch
Much to the surprise of companies who do not regularly work in Louisiana, and even a few that do, you can inquire into a new employee’s medical background in Louisiana. But, as with everything else in the law, it is never as easy as it first sounds. Second Injury Fund Provides Employers Reimbursements for Workers’ […]