Someone who works in the home of their employer as a nanny or in another domestic service role is exempt from the Fair Labor Standards Act (FLSA) wage requirements, right? Not according to Blanco v. Samuel, a recent 11th Circuit opinion that reversed the district court’s ruling that a live-in employee was exempt.
Keith S. Anderson
Keith Anderson is a litigation and labor & employment partner and concentrates his practice on representing financial institutions in the financial services industry, as well as representing employers in employment matters. He has handled multiple litigated matters under the FLSA, ADA, ADEA, FMLA and claims of discrimination and retaliation, as well as counseling employers on compliance and effective employment policies.
Open Up the Playbook: NLRB Rules Starbucks Must Produce Document at Hearing or Custodian of the Search
If you don’t already know, Starbucks has been in a pretty big labor dispute, and there are bound to be lessons for all of us. If your company has internal documents about relations with prospective unions, you may have to disclose them in a labor dispute even though pre-hearing discovery is generally not available. You…
Teach, Hit the Lab, Grade Some Papers and… Unionize? NLRB Rules That Private University Graduate Students Can Unionize
Are PhD students at a private university who also teach courses and grade papers – tasks that are a part of their development but also certainly assist the university – employees who can unionize? The NLRB said yes for a second time. This trend that allows unionization of employees who were once thought to be…
NLRB Proclaims the Punishment Arrows in its Quiver
If the NLRB finds that you have committed an unfair labor practice (and maybe more than once), just what can it do? In Noah’s Ark Processors, a three-member panel of the board recently took an opportunity to pronounce available punishments for repeat labor offenders, and it was not shy. An administrative law judge determined…
No Dogs Allowed: Federal Court Rejects Service Dog Accommodation in Hospital Setting
Most of us know that when an employee or visitor to a place of public accommodation requests a reasonable accommodation, the ADA requires an interactive process to make an individualized determination. But what about a request from a nursing intern to bring her service dog… to a hospital… around patients? Could this qualify as a…
When Picket Lines Scratch and Dent: Should Unions Be on the Hook for Property Damage Caused by Strikes?
In Glacier Northwest, Inc. v. Int’l Brotherhood of Teamsters Local Union 174, the Washington Supreme Court addressed the issue of whether a union is responsible for property damage incident to a strike. How does that issue arise? Let’s just suppose that your company is involved in a bitter labor negotiation with the unionized workforce.
We’re Trying to Help! Employer Guidelines to Avoid Legal Pitfalls with Tuition Assistance Benefit Programs
With historically low unemployment rates, attracting and retaining top talent can be a challenge for employers. To distinguish themselves from the pack, many companies are considering tuition assistance programs to both develop their workforce and as a benefit to attract and retain talented employees. Although the offer of student loan assistance might give you a…
To Mandate Vax or Not, That Is the Question: Federal Contractor Vaccine Mandates Before Several Appellate Courts
Questions about COVID-19 vaccines are hard, particularly if you contract or want to contract with the federal government. The scenario is familiar: You run a business that has or seeks to contract with the federal government. You read about the Biden administration’s Executive Order mandating that your employees be fully vaccinated for you to qualify…
You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit Court Rejects Trial Court’s Approach of Holding Trial in Wage Case Before Deciding on Class
When a company faces a Fair Labor Standards Act (FLSA) collective action there are two main components to address: (1) whether it will be a collective action or class action versus an individual action and (2) a trial of the merits on whether the FLSA was actually violated. One federal district court decided No. 2…
Don’t Run Prints: Illinois’s Biometric Privacy Law Used Against Employers
Does your company use fingerprinting or some facial recognition scanner as part of its clock-in, clock-out process? If your company has facilities or even some contacts with Illinois (and maybe other states in the future) you should pay heed to Illinois’s Biometric Information Privacy Act (BIPA) that is the subject of a new class action…