-
Steptoe & Johnson Recent News- Gene Jazwinski Joins Steptoe & Johnson May 16, 2012
- PA PUC Issues Order for Unconventional Well Impact Fees May 15, 2012
- WV Legislative Update - 5/11/12 May 11, 2012
- Land Management Bureau Issues Fracing Regs for Public Lands May 9, 2012
- Jim Wright Sworn in as WV State Bar President May 9, 2012
Author Archives: Thomas S. Kleeh
RETALIATION CLAIMS UNDER THE FAIR LABOR STANDARDS ACT: APPLICANTS NEED NOT APPLY
Recently, the Fourth Circuit Court of Appeals was asked to address a specific yet important issue under the Fair Labor Standards Act (FLSA). Specifically, the Court was asked to address whether an applicant – who had been given a conditional offer of employment – could bring a suit against his or her prospective employer under [...]
Posted in General Employer Interest Leave a comment
WANT TO BE A WAGE AND HOUR PLAINTIFF? THERE’S AN APP FOR THAT
This little corner of cyberspace has devoted ample screen acreage to the impact smartphones and other mobile communication and media devices have on the workplace. The proliferation of those handy pieces of technology requires it and demands employers’ attention as well. Just last week, Apple announced its App Store surpassed 15 billion downloads to its [...]
TO TWEET OR NOT TO TWEET: AN OPINIONATED AND ONLINE EMPLOYEE’S DILEMMA (AND AN HR HEADACHE)
The far reaching impacts of social media on the workplace have garnered significant attention from this blog – and rightly so. The constant appearance of employee use of Facebook and Twitter on the newswire demands that attention. And we’re not just talking about employees in low profile, private-sector positions here either, folks.
KNOCK, KNOCK: WE ARE THE GOVERNMENT AND WE ARE HERE TO HELP (ESPECIALLY IF YOU WANT TO SUE YOUR EMPLOYER)
As we have discussed in this small part of cyberspace in the past, technology has brought greater efficiencies to the workplace, but also is fraught with potential HR-related pitfalls, and the amazingly instant availability of information for disgruntled employees has dramatically increased the danger level of those pitfalls.
THE ARBITRATION AGREEMENT PRECLUDING CLASS ACTION LITIGATION: THE REPORT OF ITS DEMISE MAY HAVE BEEN PREMATURE (MAYBE)
For the majority of our collective legal memory, arbitration agreements – including those presented to prospective or current employees – have been under attack by both the plaintiff’s bar and, through its rulings, our court system. Legal terms like “contract of adhesion” and “unconscionability” are often thrown about to scare employers (and their lawyers) away [...]
Posted in Arbitration Agreements Leave a comment
YOU’VE GOT MAIL (AND A LAWSUIT): MOBILE COMMUNICATION DEVICES AND THE WAGE AND HOUR PITFALLS THEY PRESENT
These days, it’s hard to imagine life without some form of mobile communication device attached to our ear, hip, or thumbs. Blackberries, iPhones, Droids and the like are as much a required fashion accessory as a productivity tool nowadays. As such, employees have long since abandoned the traditional complaints about being issued employer-required “cell phones.” [...]
Posted in Wage and Hour Leave a comment
FMLA’S “SON OR DAUGHTER” DEFINITION – THE GATE TO FMLA LEAVE JUST GOT A LITTLE WIDER
Apparently unsatisfied with the traditional meaning or understanding, the DOL has determined that “additional clarification” was required concerning the meaning of the term “son or daughter” under the Family Medical Leave Act (“FMLA”). The new interpretive guidance has the potential to greatly expand the list of reasons an employee may request leave under FMLA and [...]
THE AIRING OF GRIEVANCES: HOW FESTIVUS CAN LEAD EMPLOYERS TO THE COURTROOM
Like the frustration Frank Costanza felt toward the “more traditional” holidays, departing or former employees often give Human Resources professionals such head and heartaches that drastic measures often feel necessary. Instead of establishing a new holiday like Festivus, the outlet that most frequently presents itself is the reference check inquiry from the employer who has [...]
WHY “DO YOU HAVE A HIGH SCHOOL DIPLOMA?” MAY BE ON THE EMPLOYER ENDANGERED SPECIES LIST