When Do Bonuses Have to Be Included in Non-Exempt Employees’ Regular Rate of Pay When Calculating Overtime? Some Recent Developments Shed Light

One of the most often misunderstood Fair Labor Standards Act (“FLSA”) provisions is 29 U.S.C. § 207(e)(3), which excludes bonuses from non-exempt employees’ regular rate of pay if the employer retains discretion over (a) whether such bonus should be paid in the first place, and (b) the amount of the bonus. Only if both criteria …read more »

Now Everything’s Settled—Or Is It? Practical Tips for Creating Binding Settlements in Federal Cases

Luckily, most in-house counsel and Human Resources professionals never have to litigate the issue of whether the company and an employee who have putatively settled an employment dispute have in fact reached a binding settlement. However, the issue does arise from time to time. Indeed, our Firm recently prevailed on a relatively rare motion to …read more »

Tips to Prepare for an ICE Visit

Last year, I wrote an article highlighting President Trump’s commitment to vastly increasing the number of Immigration and Customs Enforcement (ICE) worksite investigations. Recent events confirm that President Trump has not only remained true to his word, but that he is doubling down on this policy. For example, recently ICE agents raided seven different food …read more »

A Cautionary Tale: The Importance of a Thorough and Thoughtful Investigation in the #MeToo Era

Over the last two years, my law partners and I have given a number of presentations on the #MeToo movement. Inevitably, there is always a question about where the law stands on the due process rights of the accused. Generally speaking, Title VII does not give employees accused of sexual harassment any per se due …read more »

M2D Wins Significant Case Applying the FLSA’s Motor Carrier Act (DOT) Exemption

An important part of M2D’s practice is defending employers in complex wage and hour litigation.  On September 25, 2019, M2D scored a major victory for a firm client by winning summary judgment in a large collective-action case involving application of the FLSA’s Motor Carrier Act (DOT) exemption, styled Norman et al. v. QES Wireline, LLC, …read more »

Poorly Drafted or Outdated Job Descriptions May Make ADA Claims More Difficult to Defend

An effective written job description clearly, accurately, and completely identifies and describes an employee’s duties, functions, and responsibilities. When employers create job descriptions that are inaccurate or when they allow descriptions that were accurate at the time of drafting to become outdated, they create legal risk. This is because an employer’s obligation to provide reasonable …read more »

Managing employees with psychiatric disabilities

Today I had the honor of speaking on a panel with three distinguished advocates for disability rights, Lewis Bossing of the Bazelon Center for Mental Health Law, Brian East of Disability Rights Texas, and Christopher Kuczynski of the U.S. Equal Employment Opportunity Commission. Here are eight things employers need to know when managing employees with …read more »