Blog: Opinions & Observations
Protection From Day One: The Importance of Employee Handbooks - February 2016
February 22, 2016
by Jeffrey D. WilsonIn my second year of law school, one of my classmates was hired for a summer position by a prominent law firm. A few days before her new job was to begin, she sheepishly approached me and asked, “What happens when I start my job?” When I asked what she meant, she replied, “On the first day, what will happen when I get to the office? Will I have a desk? Do they have office supplies? Will someone tell me what I am working on?” It was...
Read MoreThe Department of Labor’s Proposed Overtime Changes - August 2015
August 04, 2015
by Jeffrey D. WilsonMany employers rightfully view the overtime provisions of the Fair Labor Standards Act (“FLSA”) as a minefield, and it is one that may soon be even more dangerous. The FLSA requires employers to pay their employees one-and-a-half times their regular pay rate for any hours worked in excess of 40 a week. However, Sections 13(a)(1) and (17) provide exceptions for bona fide executive, administrative, professional, outside sales, and...
Read MoreWho is a Large Employer Under Obamacare? - September 2014
September 05, 2014
The Patient Protection and Affordable Care Act (the “Act” (frequently referred to in common parlance as “Obamacare”)) requires, among other things that all “large employers” provide qualified health coverage for all of their full-time employees or pay an annual penalty (known as the Employer Shared Responsibility). A large employer is generally any employer with 50 or more full-time employees or full-time equivalents. Full-time employees are those...
Read MoreProtecting Proprietary Assets from Wrongful Disclosure: The Uniform Trade Secrets Act - March 2012
March 08, 2012
A frequently litigated business dispute is the enforceability of non-compete clauses in employment contracts that seek to prevent a current employee from going to work for a competitor, particularly where that former employee might attempt to solicit your customers or clients, invite your current employees to join him at his subsequent place of employment or uses your confidential and propriety procedures, techniques, or methodologies....
Read More