On October 5, 2016, the Eleventh Circuit held in Villarreal v. R.J. Reynolds Tobacco Co., that an unsuccessful job applicant cannot sue a prospective employer under the Age Discrimination in Employment Act (ADEA) for a disparate impact claim. In so holding, the Eleventh Circuit reverses its November 30, 2015 decision holding the opposite.
The…
Almost all employers are business people. They are used to credits and debits in handling and accounting for commercial accounts, they are used to the application of credit in one transaction to make up for a shortfall in another. A customer over pays for a delivery in March but under pays by the same amount…
Unless you have been living under a rock for the last few months, you are undoubtedly aware that December 1, 2016 marks the day that the U.S. Department of Labor’s (“DOL”) new overtime rules become effective. The new minimum salary level for the executive, administrative, and professional employee exemptions under the Fair Labor Standards Act…
Vida Thomas will be speaking at San Joaquin Society for Human Resources Management’s Employment Legislative Update 2017 on Wednesday, January 11, 2017. For more information on this seminar, please visit http://www.sjhra.org/event/employment-legislative-update-2017-half-day-seminar/. Please note that Weintraub Tobin’s clients will receive a discounted rate and limited seats are available. To register for this seminar, please visit:…
The National Labor Relations Board (“Board”) recently created another potential pitfall for employers who misclassify employees as independent contractors. Most employers know that, if they misclassify an employee as an independent contractor, they may be subjected to fines, penalties and other types of liability. Such employers also can be sued by the misclassified employee and…
