There is a constant tug of war in some industries between employees who want to decide for themselves what electronic devices to use for their work, and employers that are uncertain whether allowing such an option would be good for the employer. The use by employees of their own personal electronic devices, such as PCs, […]
Now is the Time to Make Sure That Your Independent Contractors are Really Independent Contractors and Not Employees
Most businesses have figured out that W-2 employees must have taxes deducted from their paychecks, and that the business must remit a variety of employee and employer taxes to various governmental authorities on behalf of each of its employees. This means that the employer must keep track of the taxes that are deducted from each […]
How Much Time Off is Reasonable for a Religious Accommodation Under Title VII?
Title VII is the federal body of law that prohibits discrimination on the basis of gender, race, color, national origin or religion. Title VII also bars retaliation against someone for having alleged such discrimination. This is the body of law on which employees typically rely when, for example, they ask to be excused from work […]
Is a Secretary Exempt from Overtime Pay?
One of the common mistakes made by employers is assuming that office workers are exempt from payment of overtime wages simply because they are “white collar”. The typical scenario is that a secretary is hired at a specified monthly salary, sits at a desk, wears nice clothes, is given a professional sounding title, and is […]
Litigation Primer: What To Expect When You Or Your Company Faces Litigation Part IV: Litigation Realities and Strategies for Litigation Avoidance
Having worked as a litigator for over twenty years, I have noticed that most clients are unprepared when they become involved in litigation. This is true regardless of whether the client is the plaintiff (who can choose whether the dispute is one worth litigating over) or the defendant (who may have been pulled into litigation […]
Litigation Primer: What To Expect When You Or Your Company Faces Litigation Part III: Motions Practice, Trial And Appeal
Having worked as a litigator for over twenty years, I have noticed that most clients are unprepared when they become involved in litigation. This is true regardless of whether the client is the plaintiff (who can choose whether the dispute is one worth litigating over) or the defendant (who may have been pulled into litigation […]
