Summer Interns: Paid or Unpaid?
Every summer, many employers take on “interns” and ask whether the intern must be paid. Interns, trainees and students are employees and must be paid minimum wage and overtime according to the requirements of the federal Fair Labor Standards
NO FMLA VIOLATION: Fired for Attending Octoberfest while on FMLA Leave.
The Sixth Circuit Court of Appeals [covering Tennessee, Kentucky, Ohio, Michigan] upheld the employer’s termination of an employee out on FMLA leave who was seen by several other employees at Cincinnati’s Octoberfest celebration. The em
EEOC Guidance on Criminal Record Checks
The EEOC issued on April 25, 2012, its final, updated “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under title VII of the Civil Rights Act of 1964.” Title VII prohibits employers from (a
Congress Seeks to Ban Practice of Employers Asking For Social Network Passwords
By: Richard Sheinis The controversial issue of employers demanding that job applicants provide their login and password for their social networking account such as Facebook, has made its way to the U.S. Congress. The Social Networking Online P
Worker’s Compensation Denial: RICO Claim Recognized
The Sixth Circuit Court of Appeals has allowed a lawsuit based on the Racketeer Influenced and Corrupt Organizations Act (RICO) based on an alleged fraudulent wrongful deprivation of an employee’s entitlement to benefits under Michigan’s Wor
Social Networkers Have Nowhere to Hide
“Privacy is no longer grounded in reasonable expectations, but rather in some theoretical protocol better known as wishful thinking.” Pretty harsh-but also pretty accurate. This is the language from the judge in a ruling in the 2010 New York
Claimant Training Day: The Recent Development of “IME Prep”
Recently, a Claimant attorney and two orthopedic surgeons have published “IME Prep,” an instructional DVD series created by Atlanta Claimant’s attorney Rob Hendrix. IME Prep is designed to educate claimants and their counsel about what goe
GOOD NEWS FROM THE GEORGIA SUPREME COURT
Today, the Georgia Supreme Court granted a writ of certiorari for the case of Arby’s Restaurant Group, Inc., et. al. v. Laura S. McCrae, Court of Appeals Case No. A11A1021. Since the Court of Appeals issued their ruling last December, claim
Intensive Care Nurse: Regular Attendance and the ADA
In the case of a neo-natal intensive care nurse, regular attendance really is an essential function of the job. On April 11, 2012, the Ninth Circuit Court of Appeals rejected an Americans With Disabilities Act lawsuit brought by a nurse with fib
Increased Overtime Lawsuits
A recent USAToday article “More American Workers Sue Employers for Overtime Pay” notes a reported 32% increase in such lawsuits from 2008 levels. The most common overtime claims focus on: Working off the clock through breaks and before or af