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We recently prepared a post for our friends at www.jurisbrewdence.com, who write about interesting issues in the craft beer industry (yeah we know, rough life right?). Our post was about a recent decision from the United States District Court for the Middle District of Pennsylvania, which brought some clarity to the issue of which employees may participate in employee tip pools. As you may recall, we previously discussed employee tip pools, which can be risky and problematic, particularly when deciding which employees will share in the pooled tips.
Continue Reading Court Weighs In On Employee Tip Pools

Many employers treat their sales employees as exempt from the Fair Labor Standards Act’s overtime and minimum wage requirements. Regardless of whether they pay them a salary, commissions, or some combination of both, employers often assume that all salespersons are exempt and not entitled to overtime. Depending on the circumstances, this assumption can be problematic and costly.
Continue Reading Are Your Sales Employees Properly Classified as Exempt?

The National Labor Relations Board recently issued a somewhat surprising decision that provides useful guidance to employers facing employee misconduct. In Flex Frac Logistics, LLC, the Board found that an employee’s discharge for breaching the employer’s confidentiality policy was lawful, despite the Board’s finding that the confidentiality policy was unlawful.
Continue Reading NLRB Upholds Discharge for Deliberate Betrayal, Despite Reliance on Unlawful Policy

In light of the Supreme Court’s recent decision in United States v. Windsor, the U.S. Department of Labor has just issued updated guidance for employers concerning the rights of same-sex spouses under the Family and Medical Leave Act. As you may recall from our earlier blog post on the legal implications of the Windsor case, in a 5-4 ruling, the Supreme Court struck down a key provision of the Defense of Marriage Act, which defined marriage under federal law as “a legal union only between one man and one woman as husband and wife.”…
Continue Reading DOL Issues Clarification of FMLA Rights for Same-Sex Spouses

The specter of business failure and personal financial setbacks wreak havoc on employee morale challenging Human Resources with dual management problems. First, HR needs to formulate a communication strategy to address the concerns of employees surrounding job security and compensation. Employee jitters surround the viability of their employer and the security of their jobs. Retirement savings evaporate as…