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Truths for Thought

Timeless Truths for Thought

Embrace Change – adapt to new everything – adopt early on rather than complain and be left behind Everything counts – every thought, email, decision moves you forward or away Network = Net worth – Connect with others that can help you not hinder. Add diversity to the mix. Be a Giver – Give of […]


FMLA Beyond Termination Date?

In a recent case (Douyon v. NYC Department of Education, No. 15-3932, 2nd Cir., 2016)  Marie sued alleging interference with her right to a full 12 weeks of FMLA.  Her lawsuit was dismissed. An employee rights to FMLA leave ends when employment ends.  The employee learned she was going to be terminated as part of […]

How To Be A Master Manager!

How To Be A Master Manager!

Every Manager has strong and weak points.  They may be great team leaders and motivators, but lack organization and ability to track projects and people.  All managers should have some mastery of the following skills: Fair and Fast Decisions:  Choose and prioritize options and consider the impact of each option on the team and their […]

wage-and-hour lawsuit

Increase your chances of winning a wage-and-hour lawsuit

The Fair Labor Standards Act (FLSA) and Department of Labor (DOL) regulations require employers to track all hours worked so employees can be paid for all the time they spend working. That’s especially true for hourly employees.  What about tracking hours for so-called exempt (also known as salaried) employees who aren’t eligible for overtime pay […]

Costs of Misclassification

What Are the Costs of Misclassification?

Question: We have an employee claiming they shouldn’t be classified as exempt from overtime. If it turns out they’re right, what are the penalties for misclassification? Answer: The cost of misclassification will depend on several factors, such as how many employees are misclassified, how much extra money they would have been paid if properly classified, how the […]

terminate an employee

Can We Terminate an Employee Who Doesn’t Fit With Our Culture?

Question: We want to terminate an employee who doesn’t fit with our culture. Can we do this? Do you foresee any issues? Answer: First things first, check your policies and any correspondence (like an offer letter) that have been given to the employee to ensure that you have established an at-will employment relationship. Most employers state that […]

exempt employees

Can We Require Exempt Employees to Clock In and Out?

Question:  Can we require exempt employees to clock in and out? Answer:  While it doesn’t violate the FLSA to have an exempt employee clock in and out, it is recommended only tracking exempt hours if there is a business reason to do so. There are some valid reasons for tracking exempt employee hours. For example, […]

ADA accommodations

Document efforts to identify reasonable ADA accommodations that will work

Sometimes, it takes a while to come up with disability accommodations that will work. Employers that document the ADA’s interactive process and offer multiple options seldom lose lawsuits alleging failure to accommodate. Recent case: James was an electrical lineman, building and maintaining power lines. The job was rigorous and required, among other things, lifting and carrying […]

adverse action

Timing is everything: Note when you first tell employee about any adverse action

Do you occasionally orally inform an employee that she will not be getting a promotion, an accommodation or some other benefit before you provide official written notice? If so, make sure you note when that happened and what you said. Reason: When it comes to deadlines for filing an EEOC complaint, the employee’s clock begins to […]