United States: Skadden Case On Lawyer Overtime/Exempt Status Argued Before Second Circuit

I have been following this protracted saga for some time and there is another chapter now being written.  The law firm of Skadden Arps is being sued in a Fair Labor Standards Act collective action by lawyers claiming they were not doing legal work because all they did was document review.  In argument before the Second Circuit Court of Appeals, the firm argued that the theory that document review work was not “practicing law” […]

By | February 27th, 2015 ||

United States: New Overtime Rules Result In Major Employee Adjustment, Says Tiffany Hildreth

The Obama administration will soon lay out new rules for overtime that could affect up to 6 million low-salaried managers, administrators and sales employees.

The White House says it is addressing what it calls the erosion of the 40-hour work-week, but some believe the move could backfire.

“Many employees will find their duties shifted and probably increased, positions being eliminated as employers try to adjust in order to still meet their financial bottom line,” says employment […]

By | February 25th, 2015 ||

Canada: Accommodation Does Not Include Refusing To Serve Customers

Can a small retailer be required to let an employee turn away customers she cannot serve due to a disability as part of “reasonable accommodation”?

Store Manager Robabeh Poursadi developed a work-related wrist injury that precluded her from performing some of the customer service aspects of her position. The case did not make it clear what tasks she was unable to perform, but a reasonable inference can be made that the wrist injury would have […]

By | February 25th, 2015 ||