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Keeping You Posted

Recent developments in employment and labor law


Howard Kastrinsky


Chris Barrett

Keeping You Posted provides you with the latest updates in employment and labor law. As a supplement to Employment Law Comment, Keeping You Posted supplies you with a review of current federal and state cases, as well as legislative and regulatory changes, from your perspective as an employer.

Some of the many topics we discuss in Keeping You Posted include federal discrimination laws, the National Labor Relations Act, the Fair Labor Standards Act, and the Occupation Safety and Health act. Other topics include immigration and workplace privacy, including emerging trends in social media in the workplace. Add the RSS feed above to your favorites, and stay up-to-date on the issues that affect your Company.
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Employer Wins in ADA/FMLA Confusion

Tuesday, 14 January 2014 12:19


The U.S. Court of Appeals for the Fifth Circuit has determined an employer who terminated an employee with a disability because the employee exhausted all of her Family Medical Leave Act (FMLA) leave and did not return to work did not violate the Americans with Disabilities Act (ADA).


Pharmacist Receiving Total Compensation in Excess of $100,000 Not Entitled to Overtime Pay

Tuesday, 07 January 2014 11:42


The U.S. Court of Appeals for the Second Circuit has determined a pharmacist was exempt from the Fair Labor Standards Act’s (“FLSA”) time-and-a-half overtime requirement because of an exemption for highly-paid employees.  The pharmacist was employed by a nationwide pharmacy chain from 2003 until his resignation in 2009.  His base salary was calculated on a 40 hour work week, exceeded $1,250 at all pertinent times, and was guaranteed.  The pharmacist was paid bi-weekly and he was classified as a salaried employee exempt from the time-and-a-half overtime requirement of the FLSA.


Employer Who Honors Invalid Non-compete Agreement may be Liable for Damages in California

Monday, 06 January 2014 11:26


In almost all states in the U.S., non-compete agreements are recognized and accepted as a valid way for companies to protect their investments in developing employees, customers, and trade practices.  Generally, a non-compete agreement is where an employee agrees not to work for a competitor or otherwise compete with their former employer once they stop working for that employer.  California is one of the few states where non-compete agreements are invalid and unenforceable, except in a few narrow circumstances.  This has been public policy in California for over 100 years.


Employee Found to be Entitled to Question a Bad Practice When Seeking FMLA Leave

Monday, 06 January 2014 11:23


After a chemist in an oil refinery’s laboratory department legally separated from his wife, he advised his supervisors his wife had moved to another state, taking their minor son. The chemist was aware of the leave policy for employees going through a life changing event, but he was hesitant to ask for leave due to his job demands.


Minimum Wage Laws Apply to All Employment Industries

Monday, 06 January 2014 11:19


Five men brought a lawsuit against their employer for violations of the minimum wage and overtime payment requirements under the Fair Labor Standards Act (FLSA) and similar violations of Illinois minimum wage laws.  The lawsuit came before a U.S. District Court in Illinois, and the court found in favor of the men, stating they were not properly paid for overtime work, and were not paid the appropriate minimum wages.


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