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§213 states that the FLSA’s overtime requirements do not apply to “any employee employed in a bona fide executive, administrative, or professional capacity…” The Complaint states that the statute “speaks in terms of ‘activities,’ not salary. [read post]
15 Jun 2020, 8:46 am by Guest User
Minnesota has entered Phase III of a four-phase plan to reopen the state, issuing Executive Order 20-74 on June 5, 2020. [read post]
5 Apr 2018, 7:05 am by Nassiri Law
When an employer is trying to stretch a dollar, maximize the bottom line, and push production capacity to the limits, it’s easy to slip into a pattern of leaning too heavily on employees. [read post]
16 Oct 2013, 8:43 am by Joy Waltemath
” The employee’s counsel responded, stating that since January 9, 2008, the employee had been “suffering from severe and disabling illnesses that have prevented him, and continue to prevent him, from working in any capacity, let alone in the capacity in which he had been serving [Intesa]. [read post]
2 Feb 2016, 12:00 am by The Public Employment Law Press
At a time when state budgets are loosening their strings and dormant programs are being refreshed, human resources departments are faced with the need to focus on improving their capacity to hire and to retain employees. [read post]
10 Oct 2018, 7:24 am by Daniel Schwartz
Because surgical impregnation is intrinsically tied to a woman’s childbearing capacity, an inference of unlawful sex discrimination may be raised if, for example, an employee is penalized for taking time off from work to undergo such a procedure. [read post]
28 Aug 2008, 7:15 am by Ron Ryan
In such a circumstance, the employee would have suffered a disability, i.e. a reduction in wage earning capacity, but no wage loss because, even if the injury had not occurred, the employee would not have earned any further wages. [read post]
13 Apr 2015, 7:17 am by Joy Waltemath
” In a request for hearing on the issue of whether the preliminary injunction should have been issued and should instead be dissolved, the federal government said that “while the preliminary injunction remains in effect, the defendants do not intend to take any action to enforce the provisions of the Family and Medical Leave Act … or the Department of Labor’s FMLA regulations, against the states of Texas, Arkansas, Louisiana, or Nebraska, or officers, agencies,… [read post]
18 Dec 2014, 2:15 pm by Mark S. Goldstein
Finally, New York state and city employers should brace for highly anticipated guidance from the United States Department of Labor (USDOL) regarding the scope of certain exemptions under the federal Fair Labor Standards Act (FLSA). [read post]
12 Jan 2009, 9:11 pm
Michael Marrs, representing a class of similarly aggrieved employees, sued Motorola for violation of the Employee Retirement Income Security Act. [read post]
22 Jan 2014, 6:55 am by Joy Waltemath
He testified before a grand jury, and under subpoena, he also testified at the criminal trial against the state representative. [read post]
3 Apr 2012, 2:56 pm
It was at this facility that Dickey was trained and supervised in his capacity as a truck driver. [read post]
29 Jul 2010, 8:15 am
”As to New York State’s False Claims Act, Article 13, State Finance Law, (NYSFCA),*** also referred to as a Qui Tam Statute or as a whistleblower law, the NYSFCA allows a private individual (including a public employee) to sue a person or company (including a fellow employee or employer in their individual capacity), "if such person or company knowingly submits a false or fraudulent claim to a state or local government. [read post]
25 Oct 2019, 6:06 am by Smith Eibeler LLC
 In reversing the district court’s decision, the court reinforced the separation of a public employee’s speech in their capacity as a private citizen in comparison to what they say in their capacity as a public employee. [read post]
22 Jul 2014, 9:29 am by James Hoffmann
The workers’ compensation system of the state will cover employees of private contractors. [read post]
6 Aug 2012, 1:10 am by Kevin LaCroix
  On the other hand, I tend to agree with the dissent that the expectation that the bank would be responsible for the employee’s theft simply reflects a general assumption that an employer is responsible for employee misconduct. [read post]
19 Jun 2014, 3:42 pm by David Urban
”  The Court concluded: “That independent obligation renders sworn testimony speech as a citizen and sets it apart from speech made purely in the capacity of an employee. [read post]