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U.S. Appeals Court Permits Dunkin’ Donuts Managers’ Overtime Claims to Proceed

By Susan G. Fentin, Skoler, Abbott & Presser, P.C In another of what promises to be a long line of cases in which courts consider whether working managers have been properly classified as exempt from overtime under the Fair Labor Standards Act (FLSA), the U.S. Court of Appeals for the 1st Circuit—which covers Maine, Massachusetts, […]

America’s Workforce is Aging, and That Could Be Good News

It’s true, none of us is getting any younger. But what’s especially interesting is that our workforce is becoming significantly older. In fact, it’s projected that by the year 2030, the number of people 65 years or older in the U.S. will represent 20% of the U.S. population, and many of them will still be […]

“English-Only” Lessons from a Taos Motel

Employment law attorney Robert P. Tinnin, Jr. tackles the tough question of whether an employer can implement an”English-only” policy. Q A couple moved to Taos, New Mexico, from Abilene, Texas, last summer and purchased a deteriorating old motel, hoping to rehab it as they’ve done with several other properties. According to news stories, the husband, […]

Hot List: Wall Street Journal’s Bestselling Hardcover Business Books

The following is a list of the bestselling hardcover business books as ranked by the Wall Street Journal with data from Nielsen BookScan. 1. StrengthsFinder 2.0: A New and Upgraded Edition of the Online Test from Gallup’s Now, Discover Your Strengths by Tom Rath. Are you unsure where your true talents lie? Do you feel […]

Wellness So Simple Even the C-Suite Can Understand

Wellness! It’s a great-sounding concept, but a little vague—and thus hard to sell to senior management. Today’s expert—an SPHR-certified occupational physician—breaks it down into easy-to-grasp basics. If Time magazine named a “Corporate Buzzword of the Year”, it might well be “wellness.” But what exactly does it mean, and what do you have to do to […]

Labor Code Violations: New Legislation Softens Blow of Last Year’s Bounty Hunter Law, but Employer Caution Still Required

The Labor Code Private Attorneys General Act, dubbed the “bounty hunter” or “sue your boss” law, went into effect on Jan. 1, 2004. The controversial law gave employees in California almost unlimited rights to sue their employers for just about any Labor Code violation—and to recover the statutory penalties and attorney’s fees.

Court Rejects Government Worker’s Age, Gender Suit

Jeffery Akers was a patent examiner at the U.S. Patent and Trademark Office (PTO). He sought a promotion but didn’t get it. Instead, a younger woman was given the position. Akers believed that his age and gender prevented him from getting the promotion, so he filed a discrimination charge with the Equal Employment Opportunity Commission […]

EEOC Reaches Record ADA Settlement with Sears

The Equal Employment Opportunity Commission (EEOC) recently announced a record-setting settlement resolving a class-action lawsuit against Sears, Roebuck and Co. under the Americans with Disabilities Act (ADA) for $6.2 million and significant remedial relief. The consent decree, approved on September 29, represents the largest ADA settlement in a single lawsuit in EEOC history. The EEOC’s […]

Employment Law Alert: San Francisco’s Ban the Box Ordinance

Effective August 13, 2014, San Francisco’s Fair Chance Ordinance prohibits employers from asking about a job applicant’s criminal history, including inquiries on an employment application form. This prohibition, often called a “ban the box” provision, applies to private employers, city contractors, and subcontractors with 20 or more employees. Covered employers may ask about an applicant’s criminal history after the first live interview (in person or via telephone or other technology) or after a conditional job offer. A notice describing the protections provided under the ordinance will be developed by the city’s Office of Labor Standards Enforcement (OLSE). Employers are required to post the notice and to send a copy to any labor union with which they have a collective bargaining agreement.