News & Articles

If you have to fire an employee, do it the right way

In The Art of War, ancient military strategist Sun Tzu teaches that opportunities multiply as they are seized.

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Who is entitled to overtime pay?

The Fair Labor Standards Act (the “Act”) is a long-established federal law that applies to almost all U.S. workers and employers.

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8 and 80 Overtime Pay

Hospitals and other institutions “primarily engaged in the care of the sick, the aged, or the mentally ill” must comply with the minimum wage and over...

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Is an Adverse EEOC Determination Always Available to Sway the Jury?

As many employers have learned the hard way, the Equal Employment Opportunity Commission (“EEOC”) has the ability to investigate claims made by an emp...

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Per diem payments affect overtime pay

Many employers struggle to manage overtime costs paid to employees. One approach employers have tried is to keep the hourly rate low while supplementi...

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Age discrimination claims may involve job postings

Discrimination claims arise from all aspects of the employment relationship, not just termination. A recent case from the Fifth Circuit Court of Appea...

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Employee vs. Independent Contractor

The Fifth Circuit recently reviewed the standards used to determine whether one who works for a company is an independent contractor or an employee.

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Administration to crack down on independent contractors

In light of widespread budget deficits, state and federal officials plan to start aggressively pursuing companies that try to pass off regular employe...

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