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Documents on Labor And Employment, Legal Management
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|Legal Applicability and Relevant Practical Opinions Concerning an Overtime Application System Adopted by Employers|
Jenny Chen, Jenny Chen; Lee Tsai Partners Attorneys-at-Law;
June 25, 2015, previously published by Under Articles 24 and 32 of the Labor Standards Law (hereinafter, the "Law"), an employer shall pay overtime compensation based on the number of overtime hours of employees. For the convenience of management, many employers require their employees to apply for overtime work in advance pursuant to required corporate procedures to serve as the basis for overtime hour calculation and overtime compensation. Even so, the calculation and determination of overtime hours are still controversial in practice. Is this type of overtime application system legal? In addition, how will this system affect employers and employees? Since this system has major impact on both employees' wage interest and employers' personnel expenditures, it is necessary to explore various aspects of this system.Legal applicability and relevant practical opinions concerning an overtime application system adopted by employers
|New York City and New Jersey Enact New Employment Laws Affecting Pregnant Employees|
September 25, 2014, previously published by The Gavel - Wong Fleming Diverse Viewpoints in the Law on Winter 2013Starting January 30, 2014, employers doing business in New York City will have to comply with new legislation with respect to pregnant workers. The Pregnant Women’s Fairness Act, Local Law No. 78, which was signed into law by New York City Mayor, Michael Bloomberg, on October 2, 2013, takes...
|Harassment and Discrimination in the Workplace: How Much Does It Really Cost Your Business?|
Kristian Bell; Collins & Lacy, P.C.;
June 12, 2014, previously published on January 2014HRMorning.Com released statistics regarding the real cost of bias and harassment in the workplace. According to the site, statistics show:
|Attorney Roy Hartman is Included in the South Florida Business Journal Article Titled: ‘Lawsuit Against Credit Union CEO Alleges Sex, Racism, Family Member Loan Issues.’|
Sacher Zelman Hartman Paul Beiley Sacher P.A.;
May 16, 2014, previously published on Summer 2013South Florida Federal Credit Union and President and CEO Maggie Martinez were hit with a federal lawsuit from two former employees that accuses her of retaliating against them for their cooperation with a regulatory investigation into the CEO's conduct.
|Exploring the Severe or Pervasive Requirement in Harassment Claims|
Jennifer Weidinger; Pettit Kohn Ingrassia & Lutz PC;
March 6, 2014, previously published by Defense Research Institute For The Defense on Fall 2012While creating a maximal productive environment is the key to preventing future harassment claims, defense counseling frequently begins only after someone files a claim, so your representation often will involve damage control.
|A New Twist Complicating the Challenge of Assessing Lost Earnings Damages in Employment Suits|
Grant D. Waterkotte; Pettit Kohn Ingrassia & Lutz PC;
March 6, 2014, previously published by Los Angeles Business Journal Labor & Employment Supplement on January 2014IT is no secret: California is viewed as perhaps the most employer unfriendly litigation forum in the Union. So
long as California remains the eighth largest economy in the world, there will be no shortage of employers providing the legal system with ample opportunities to demonstrate this.
|How To Confront A Performance Problem Without Being A “Quiet Herd Cutter”|
Jathan Janove; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
March 3, 2014, previously published on February 21, 2014In a previous post, I described the “Quiet Herd Cutter” problem, a term I have used to describe a phenomenon especially prevalent in law firms where employees’ failure to meet expectations results in being quietly excluded from new work. In this story, I present an alternate...
|No. 5 - Trends in Wage and Hour Litigation|
Frank Harty; Nyemaster Goode, P.C.;
December 19, 2013, previously published on December 17, 2013As 2014 approaches, we can predict the coming trends in wage and hour litigation. This list of “hot spots” can serve as a shorthand audit checklist to identify potential areas of risk:
|Who Is A Supervisor? The Supreme Court Provides Clarity|
Wroten Associates Inc.;
September 17, 2013, previously published on Summer 2013As is often the case the U.S. Supreme Court finished up its term this year with several high profile cases. Lost in the shuffle was an important employment case, Vance v. Ball State University, No. 11-556, which clarified the meaning of the word "supervisor" for the purposes of vicarious...
|What Should an Employer Say (If Anything) in a Termination Letter?|
Todd A. Leeson; Gentry Locke Rakes & Moore, LLP;
August 17, 2013, previously published on August 14, 2013As a management employment lawyer, I am often asked to provide legal advice to a Virginia company as to a termination decision. If the company decides to terminate an employee, we typically then discuss how the decision will be communicated, including whether the company should notify the employee...