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HTMLReason Prevails...And Reason Flails
Constangy Brooks Smith LLP;
Legal Alert/Article
August 20, 2013, previously published on Fall 2013
Blue states. A couple of real you-know-whats got their retaliation lawsuits tossed, and they have no one to blame but themselves. In the first case, the employee was caught sending an email to a co-worker calling a supervisor a series of names that we are too delicate to reproduce here. (Hint: The...

 

HTMLDon't Be A Title III ADA "Test Case." Here's How To Fight Back
Michelle Rippon; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
August 20, 2013, previously published on August 13, 2012
Since September 2011, approximately 40 cases have been filed in North Carolina under Title III of the Americans with Disabilities Act (the "public accommodation" section). Most of these are "tester" cases brought by one woman, Denise Payne, and the Ft. Lauderdale, Florida-based...

 

HTMLSupreme Court Hands Employers Two Big Wins In Title VII Cases
Robin E. Shea; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
August 20, 2013, previously published on Fall 2013
In its end-of-session flurry, the U.S. Supreme Court issued two 5-4 decisions in Title VII cases (harassment, and retaliation) that will be welcome to employers. In both cases the Court rejected the arguments of the U.S. Equal Employment Opportunity Commission, which had filed amicus curiae...

 

HTMLNow Or Never - Fighting Unfair Competition With Noncompete Agreements and Trade Secret Protections
Kenneth P. Carlson; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
August 17, 2013, previously published on Fall 2013
It always seems to happen when you least expect it. Employment ends for a valuable worker who soon transforms into the corporate version of Benedict Arnold.

 

HTMLABOUT FACE: OFCCP'S Jurisdiction Over TRICARE Providers Is Back on the Table
Cara Yates Crotty; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
August 12, 2013, previously published on August 8, 2013
In a surprising reversal, the Department of Labor's Administrative Review Board has ruled that the Office of Federal Contract Compliance Programs does have jurisdiction over health care providers who participate in a TRICARE network.

 

HTMLPrivate FLSA Settlement A Train Wreck
Thomas M. Eden, James N. Nolan; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
August 6, 2013, previously published on August 2, 2013
If you're an employer and think you might be able to settle a claim under the Fair Labor Standards Act on your own, think again.

 

HTMLNew York High Court Provides Guidance on Tip Splitting Under State Law
Jack R. Wallace; Constangy, Brooks & Smith, LLP;
Legal Alert/Article
July 26, 2013, previously published on July 24, 2013
Employers in New York with tipped employees know that often the service that led to the tip is a combined effort. Restaurant employers in particular have long recognized this fact and created tip splitting policies that provide for the tip to be split with other employees who assisted the guest....

 


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