Even Busta Rhymes Can’t Keep Settlement of Unpaid Overtime Claim Confidential
Posted on May 23, 2018READ MORE
Can’t I Do Something About These Unfounded Discrimination Claims?
Posted on August 31, 2016READ MORE
Employers face possible claims for failure to accommodate even where there is no actual knowledge of a need for accommodation
Posted on June 5, 2015READ MORE
The Fluctuating Workweek—A Working Option?
Posted on September 12, 2014
Posted in Fair Labor Standards Act (FLSA)The general rule under the Fair Labor Standards Act (“FLSA”) is that non-exempt employees have to be paid for overtime at a rate of one and a half times their regular rate of pay. However, there is another option available to employers—the fluctuating workweek method, sometimes called the halftime method. If the fluctuating workweek model […] READ MORE
Expert Testimony Not Necessary to Support FMLA Claim
Posted on August 29, 2014
Posted in Family Medical Leave Act (FMLA)In order to be entitled to FMLA leave, an employee must be able to show that he or she is afflicted with a serious health condition and that the condition renders him or her unable to perform the essential functions of her job. But is a plaintiff who has brought a claim under the FMLA required to present expert testimony verifying that a serious health condition rendered him or her unable to work? Recently, the Seventh Circuit Court of Appeals reversed the district court’s award of summary judgment to an employer on this issue, finding that expert testimony is not necessary in order to make this showing. Hansen v. Fincantieri Marine Group, LLC, et al., No. 13-3391 (7th Cir. August 18, 2014). READ MORE