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Employment Law

‘Fair reading’ of FLSA exemptions gets a test drive

In 2018, the U.S. Supreme Court ruled in Encino Motors v. Navarro that exemptions to the Fair Labor Standards Act should be given a “fair reading,” instead of a narrow construction. Two federal appellate court decisions have put their stamp on just what counts as a fair reading.

Wage lawsuits fall, but still near historical highs

In 2018, U.S. employees filed 7,494 lawsuits in federal courts relating to wage-and-hour issues. That’s down a bit from the previous year, but still running at historically high levels.

A kiss to get your paycheck? Prepare to pay much more

The owner of an Illinois pharmacy is facing a lawsuit that claims her employees “had to line up and kiss her on the mouth as a prerequisite to receive their paychecks.”

Real communication problem … or ethnic bias?

It’s essential to guard against even the appearance of bias during every step of the hiring process.

Blocked by senator, Feldblum won’t seek another EEOC term

Former EEOC Commissioner Chai Feldblum announced Jan. 14 she will drop her bid to serve another term after Sen. Mike Lee (R.–Utah) blocked her nomination.

5 trends shaped employment law in 2018

Five key trends defined the employment law landscape in 2018 according to the Seyfarth Shaw law firm’s 15th annual Workplace Class Action Litigation Report.

Exempt employees and the reasonable relationship test

The reasonable relationship requirement exists so an employer may compute an exempt employee’s earnings on an hourly, daily or shift basis without the employee losing exempt status or the employer violating the salary basis requirement.

California employers face new #MeToo environment

New laws are changing the way California employers must resolve sexual harassment claims. In addition to requiring more training on sexual harassment, two new statutes took effect on Jan. 1.

Fair treatment is your best defense against bias claims

Your best defense to any employment lawsuit is to be able to show that you always treat everyone fairly. You will be able to sleep well at night knowing it will be hard to prove you were liable for discrimination or retaliation.

One incident won’t create a hostile environment

Employees claiming a hostile work environment must show that a reasonable employee would have found the environment intolerable. One incident isn’t enough.