Employment practices liability insurance (EPLI) is a popular product for employers of all sizes. Many companies obtain EPLI coverage by purchasing a package of insurance policies covering a variety of management risks, such as directors and officers liability, professional liability, and cyber security. Once the policies are in hand, reviewing your company’s voluminous insurance terms

The Fair Labor Standards Act (“FLSA”) defines certain employees as exempt and others as nonexempt.  Nonexempt employees are generally entitled to receive overtime pay at a rate of at least one and one-half times the employee’s regular rate of pay.  Overtime is often easy to calculate on straight weekly earnings, but what happens when employees

In the face of the ever-evolving world of social media, employers face a myriad of challenging ‎issues relating to their employees’ use of their own, personal sites, such as Facebook and blogs. ‎These issues include how to handle employees who post information about the employer, how to ‎deal with employees who use sites to harass

The time has come for companies to begin planning their 2019 holiday parties.  While these events are a great way to show appreciation for employees and build morale, they can present certain risks for employers.  Being mindful of the following issues can help employers avoid complaints, or worse, lawsuits, associated with holiday parties.

Alcohol

While

In the latest move in the proverbial tug of war over possible changes to the overtime laws, the Department of Labor (“DOL”) announced a potential new rule on March 8 that would increase the salary required for the so-called “white collar exemptions” under the Fair Labor Standards Act  from $23,660 to $35,308, with automatic cost

Businesses constantly search for ways to protect their competitive advantages, customer relationships, confidential business information and trade secrets.  Non-competition agreements (which often include confidentiality provisions) are usually part of those protection efforts.  Despite the belief of many employers (and employees) that these non-competition agreements are unenforceable and not worth the paper they’re written on, they

When employees become dissatisfied with their union representation, they often ask questions of their employer as to how to get rid of their union.  When a union no longer enjoys the support of unit employees, it can be decertified. Decertification is the process of formally removing recognition of a union as the authorized representative of

Cannabis remains illegal under federal law as a Schedule I drug, leaving states to craft their own marijuana-related laws in true patchwork fashion.  By now, most states have enacted at least some form of medical marijuana law.  State officials increasingly understand the benefits of medical marijuana for patients who have qualifying medical conditions.  But acceptance

A recent NLRB decision, SuperShuttle DFW, Inc. marks a renewed focus on entrepreneurship, giving businesses and workers greater flexibility in their relationships.  The decision is also a resounding victory for the franchise industry who, in recent years, have faced repeated threats to its core business model.  With a heightened focus on the entrepreneurial opportunity,

As we settle into the new year, I would like to share a few thoughts about what I believe is in store for us in 2019.

2019 Federal Legislation

It is unlikely there will be any new federal legislation in the next two years, with one exception. There has been some talk among the Republicans