Legal Updates

11th Circuit Rejects “Not Our Fault” Defense

The Eleventh Circuit Court of Appeals recently held that an employer is not absolved from liability for unreported overtime under the Fair Labor Standards Act (FLSA) if it has actual or constructive knowledge that time records are inaccurate.  The ruling in Bailey v. TitleMax of Georgia (No. 14-11747) reversed a lower court’s decision accepting the defense that an employee could not recover...Read More

Beyond Liability: Get Employees In S.H.A.P.E.

What are you providing employees in exchange for their time and service?  The answer many managers and supervisors probably would give is “a regular paycheck; insurance.”  Unfortunately, most employees probably would give the same answer.  Managers who want more from employees should consider what more they are doing (or should be doing) for employees, every day. Managers and supervisors...Read More

EEOC Issues Guidance on Pregnant Employees

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently issued guidance regarding protections for pregnant employees under federal law.  The guidance, published on the EEOC’s website and linked below, states that some temporary impairments arising out of pregnancy can be considered “disabilities” under the Americans With Disabilities Act (“ADA”) which employers must reasonably...Read More

Affordable Care Act: Employers Required to Provide Notice of Health Insurance Exchanges

Although the Obama Administration announced last week that it will delay implementation of some employer mandate and penalty provisions of the Patient Protection and Affordable Care Act (ACA) until 2015, other requirements remain in place and on schedule. For example, by October 1, 2013, all employers who are subject to the Fair Labor Standards Act (FLSA) (which applies to virtually all...Read More

Recent U.S. Supreme Court Decisions Employers Should Know About

The most recent term of the U.S. Supreme Court yielded a number of key decisions affecting employment law.  Following is a brief summary of a few of these decisions with the key legal points they establish or affirm. University of Texas S.W. Med. Ctr. v. Nassar:  An employee claiming retaliation under Title VII of the Civil Rights Act must show that the adverse employment action would not have...Read More