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Don’t Forget Impending Federal OT Rule Changes

Posted by Frank Steinberg | Sep 22, 2016 | 0 Comments

December 1, 2016 is a little more than two months away.  That's the date when long-awaited changes to federal overtime rules will take effect.  Businesses need to be prepared. The Department of Labor's press release summarizes the changes. The new Rule is aimed primarily on the standards under wh...

The Uncertain Art of Valuing Cases

Posted by Frank Steinberg | Sep 20, 2016 | 0 Comments

We just saw this report from the San Antonio Employment Law Blog, explaining how Target had the opportunity to settle a personal injury case brought by a customer for $12,000, but apparently would not budge off its offer of $750.  We infer that the low-ball offer (and this was a low-ball offer ev...

The Responsibility of Labor Day

Posted by Frank Steinberg | Sep 01, 2016 | 0 Comments

Monday marks Labor Day 2016.  For those of us who work to sometimes untangle but always preserve the legal rights of employers and employees alike, it's a day to reflect on what we've accomplished.  Equally, it's a day to ponder what will newly arise or is yet to be accomplished, because long exp...

SEC Has Its Say About Severance Agreements

Posted by Frank Steinberg | Aug 23, 2016 | 0 Comments

Through two recent Orders the Securities & Exchange Commission has gotten in on the act of narrowing the protections that employers can build into the release contained in a severance agreement.  The SEC has announced its intention to fight efforts of companies subject to its jurisdiction to limi...

Pay for Play? Not Under the FLSA!

Posted by Frank Steinberg | Feb 17, 2016 | 0 Comments

Late yesterday the UNited States District Court for the Southern District of Indiana dismissed the claims of collegiate student-athletes who sought to be paid for their athletic activities on the theory that they are employees of the university.  Here's the full opinion in Berger v NCAA, Docket N...

Handbook Arbitration Provisions Take Another Hit

Posted by Frank Steinberg | Nov 30, 2015 | 0 Comments

For the second time time the last two months an employment dispute arbitration provision has been invalidated because it was contained in an expressly non-contractual employee handbook.  The first was from New Jersey, as we posted at the time. Now, in Lorenzo v. Prime Communications, the US Court...

How Not to Hire a Lawyer

Posted by Frank Steinberg | Nov 06, 2015 | 0 Comments

This article on “Those Stupid Superlative Lawyer Lists” warmed the cockles of my little heart on this gray Friday morning in suburban central New Jersey.  It's a subject about which I have ranted a bit at cocktail parties.  Read the article, which is written from the perspective of a legal market...

Is a Company Like a Family?

Posted by Frank Steinberg | Oct 27, 2015 | 0 Comments

Do employers and employees lie to each other about their relationship?  According to this article from The Independent, Reid Hoffman, co-founder of LinkedIn, thinks so.  The problem?  Employers want to be able to ditch employees at any time while saying that their company is a “family,” and emplo...

Settling FLSA Cases Just Got a Little Harder

Posted by Frank Steinberg | Aug 28, 2015 | 0 Comments

Most cases, when they settle, contain a provision that the plaintiff's complaint will be dismissed “with prejudice.”  “With prejudice” is legal shorthand for saying that those claims can never be raised again. Once they're gone, they're gone for good.  Why defendants want this is understandable. ...

Today Is National Aviation Day

Posted by Frank Steinberg | Aug 19, 2015 | 0 Comments

As a pilot and aviation advocate, this is something that I should have known but didn't until I ran across this article on CNN.com.   No country has a richer aviation history than the United States, and nowhere else does aviation make more of an economic contribution. Today would be perfect to ta...

Singin’ the Blues About the “Blue Pencil”

Posted by Frank Steinberg | Jun 16, 2015 | 0 Comments

I just stumbled across this post from the Franchise Law Update blog. It deals with a recent decision from the Nebraska Supreme Court that invalidated the non-compete provision of a franchise agreement.  The court in Unlimited Opportunity, Inc. v. Waadah threw out the entire non-compete agreement ...

Here’s to Your Health!

Posted by Frank Steinberg | Jun 10, 2015 | 0 Comments

But you're not being toasted.  You are being required by your employer to wear one of those little wearable devices to monitor your health.  You know them: Jawbone, Fitbit, and the like.  And it's not optional. Your employer is telling you that you have to wear it. Sound farfetched?  It seems to ...

Wider Debate Coming Over Paid Sick Leave for NJ?

Posted by Frank Steinberg | Jun 09, 2015 | 0 Comments

A number of Garden State cities have enacted paid sick leave laws as a condition of doing business there. Here's an interesting take that suggests a battle could be shaping up over the next year or two over a push to enact a statewide paid sick leave law that would trump the existing patchwork of...

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