The United States Department of Labor, which is responsible in part for administering and enforcing minimum wage and overtime regulations, has implemented a change to the salary test for certain employees.  Come December 1, 2016, employees who are salaried and fall within the professional, administrative and executive class of exemptions from overtime now must be […]

The Second Circuit Court of Appeals in New York City recently heard Graziadio v. Culinary Institute of America, 2016 Lexis 4861(2nd Cir. 2016)  In Graziado, the employee’s 17 year old son was diagnosed with Type 1 Diabetes and required emergent care.  After leaving to care for her son, Ms. Graziado, the payroll administrator for the […]

As you will see in the following case, it depends on who is making the threat.  The Fifth Circuit addressed an interesting factual scenario in Margie Brandon v. The Sage Corporation, 808 F.3d 266 (5th Cir. 2015).  Margie Brandon was the director of the Sage trucking driving school San Antonio campus.  She hired Loretta Eure […]

One has to wonder under what circumstance is an employer’s refusal to allow an employee to rescind her resignation considered an adverse employment action.  The Fifth Circuit Court of Appeals in New Orleans answers this question for us in Porter v. Houma Terrebonne Housing Authority.  The facts, first.  Tyrikia Porter was a long time employee […]

The United States Supreme Court’s recent rulings on Gay Marriage and the Affordable Care Act have garnered more press. However, the court’s June 1, 2015 ruling in EEOC v. Abercrombie & Fitch Stores, Inc, 135 S.Ct. 2028 (2015) actually makes Religious Accommodation issues a matter to keep a much closer watch on. Many of you […]

A recent 5th Circuit court of appeals opinion demonstrates why trying to create documentation where none has been timely created is damaging to an employer’s defense. Burton v. Freescale Semiconductor, Inc, 2015 US App. Lexis 13983 (5th Cir. 2015) provides a wealth of law on some topics that are important to Human Resources Professionals. But, […]

The Fifth Circuit Court of Appeals in New Orleans issued an employer friendly opinion on March 3, 2015 in Satterwhite v. City of Houston that warrants discussion.  First, the facts.  Courtney Satterwhite, as assistant comptroller for the City of Houston, was attending a meeting where Harry Singh said “Heil Hitler.”  Singh claimed he said “We’re […]