Archive | April 2010

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Targeting Employee Misclassification

On April 22, 2010, Representative Lynn Woolsey (D-Cal.) and Senator Sherrod Brown (D-Ohio) introduced identical bills entitled the Employee Misclassification Prevention Act (“EMPA”) (H.R. 5107 and S. 3254), to target abuses of the employee/independent contractor classifications.  Should EMPA become law, it will have an obvious, immediate impact on employers, not only under the wage-hour laws but others, including […]

Beware of the Wage-and-Hour Giant!

Over the past decade, wage-and-hour lawsuits have been an escalating threat to companies that is reaching epic proportions.  Wage-and-hour lawsuits now outranking discrimination lawsuits in both number of filings and size of settlements.  These types of employment practices lawsuits have become an unforeseen calamity for companies across all industry sectors and a new challenge for […]

Adopt an Appropriate Social Media Policy in Light of the FTC’s “Endorsement” Rules

People are now sharing with the world their thoughts on any subject have exploded both in number and popularity.  Since the beginning of online discourse, employers have been concerned that employee criticism of their products and services being publicized in cyberspace could have a negative impact on business.  Due to recent federal regulations, employers now have […]

A Well-Drafted Handbook Can Save the Day!

In Pacheco v Boar’s Head, a Michigan employee claimed that the employer breached its employee handbook by not complying with its terms and conditions on wages.  The employee asserted a breach of the handbook claim under Michigan state law, in addition to overtime claims under the FLSA and state law, as well as a claim for unjust enrichment.  On March 30, 2010, the Federal […]

FLSA Amended to Provide for Breaks to Nursing Mothers

On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (Affordable Care Act) into law.  The new law requires employers to provide a reasonable break time and a private place – other than a bathroom – for an employee to express breast milk for her nursing child for a period of one year […]