HR issues that arise when natural disasters hit

August 29, 2017 - by: Robin Kallor 2 COMMENTS
Robin Kallor

Natural disasters, like Hurricane Harvey, raise a host of issues for employers, regardless of whether these employers have a direct presence in the affected areas or whether they have employees residing in or telecommuting from them. Sometimes employers are forced to close or are able to remain open in some capacity, but employees are not able to travel to work or need to attend to emergent matters during or in the aftermath of these types of events. Some of the more commonly asked questions are addressed below. Notepad with disaster plan on a wooden table.

1. If there is a forced closure of the workplace, must an employer pay its employees their wages during this shutdown period?

read more…

Hurricane season brings unique employer issues

October 10, 2016 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

In the aftermath of Hurricane Matthew, evacuation orders are lifting and recovery efforts are in their early stages. Employers are facing a number of storm-related issues as they prepare to resume normal operations. Here are just a few of the questions employers are asking.  Hurricane Season Sign With Stormy Background

1.  Does the Fair Labor Standards Act (FLSA) require me to pay employees who miss work because of the weather?  It depends on whether the employee is exempt or non-exempt. If the business closes because of the weather, the FLSA requires employers to pay an exempt employee his or her regular salary for any shutdown that lasts less than a week. If the business remains open but an employee cannot get to work because of the weather, an employer can deduct an exempt employee’s salary for a full day’s absence. Employers generally aren’t required to pay nonexempt employees for any days that they don’t perform any actual work. However, this doesn’t apply to nonexempt employees who are paid on a fluctuating workweek basis.

read more…

All you need is employment law

August 04, 2014 - by: Andy Tanick 1 COMMENTS
Andy Tanick

Our blog seems to have focused quite a bit recently on stories from the world of sports, and given the number of professional athletes behaving badly lately, that comes as no surprise. So for this week, we’ll take a break from litigious punters, abusive running backs, and egotistical power forwards to focus on another area of entertainment. Our diversion is well-timed, because I was fortunate enough to attend Paul McCartney’s concert last weekend at Target Field in Minneapolis, where the hapless Minnesota Twins are usually the athletes playing badly, if not behaving badly.  Beatles

What do Paul McCartney and the Beatles have to do with employment law? Well, plenty as it turns out. In fact, with a little creativity, we can conjure up an employment-law subtext to many of the top hits by Sir Paul and his bandmates.

read more…

Donald Sterling: SMH

May 06, 2014 - by: Matt Gilley 0 COMMENTS
Matt Gilley

I learned something last week. If you read a youngster’s text messages, you’ll notice shutterstock_104818202a complicated system of abbreviations, symbols, and symaphores that, when translated with your 7-year-old’s assistance, become more-or-less coherent English sentences. Anyway, I learned “SMH” means “shaking my head,” which is exactly what I do these days when I hear the words “Donald Sterling.”

Sterling made himself cannon fodder for anyone in sight, and our own Josh Sudbury ably tackled the issue last week. So why go back to the well? Quite simply, Mr. Sterling is the ol’ gift that keeps on giving.

read more…

I believe you have my stapler

March 04, 2014 - by: David Kim 2 COMMENTS
David Kim

shutterstock_44644189Ever flip through the channels on a lazy Saturday afternoon and come across an oldie but goodie? This happened to me recently with the movie Office Space, a workplace classic. While I can’t imagine a world where everyone hasn’t seen Office Space, here is a quick plot summary.

Peter Gibbons (played by Ron Livingston, pictured here) generally has no motivation in life. He hates his job as a programmer at Initech, and hates his boss Bill Lumbergh, a smarmy coffee-mug-holding you know what who makes Peter work weekends and constantly bugs him about the status of his “TPS reports.” Convinced to attend an occupational hypnotherapy session where the therapist dies of a heart attack after hypnotizing Peter, he wakes up relaxed and with a new take on life.  He ignores Lumbergh’s calls and, instead of heading into work over the weekend, goes to Chotchkie’s (a T.G.I. Friday’s parody) and asks out Joanna, a waitress played by Jennifer Aniston, whom Peter seemingly has had a crush on for a while.

read more…

Rah rah ree! Pay our salary!

January 24, 2014 - by: Brian Kurtz 0 COMMENTS
Brian Kurtz

If your Google search for “California cheerleaders illegal” led you here, our apologies for your initial disappointment. But, please, stay a while, because the recently filed class action lawsuit by the Raiderette cheerleaders against the NFL’s Oakland Raiders is instructive as to the types of issues that can lead to wage-and-hour litigation.  Do we have your rapt attention now?  Good, let’s delve.

According to the complaint filed this week in Alameda County, California, the Raiders are in violation of numerous California Labor Code provisions dealing with employer wage-and-hour requirements. The problems appear to originate in the Raiderette Agreement that the football club requires its cheerleaders to sign. According to the agreement, which states that each Raiderette is an at-will employee of the Raiders, a cheerleader earns $125 for every home game. That money allegedly isn’t paid, however, until January when the Raiders’ season is over. This is potentially problematic  for a number of reasons (not least of which is  that the Raiders’ season is generally de facto over in November). read more…