Archive for July, 2012

News Article Reports Record Number of Wage and Hour Lawsuits

By | July 27th, 2012 | General » Leave a comment

Yesterday there was an article by NBC News reporting that the number of lawsuits filed this year to date by employees claiming to have been underpaid has surpassed the total filed in any previous year. There have been 7,064 lawsuits filed this year to date, when the total in 2011 (the previous record) was only […]

Christine Cave Speaks on Standards of Excellence for Nonprofits

By | July 25th, 2012 | News » Leave a comment

Christine Cave will once again be speaking on the Standards for Excellence through the Oklahoma Center for Nonprofits. Aside from speaking in Oklahoma City and Tulsa, she will lecture for the very first time in Lawton. This Standards of Excellence Session focuses on Finances, Human Resources, and Legal Compliance. For more information about the series […]

The Americans with Disabilities Act and Employees with HIV/AIDS

By | July 18th, 2012 | General » Leave a comment

At the end of June, the United States Department of Justice issued an informational paper addressing the interplay between the Americans with Disabilities Act and Persons with HIV/AIDS and answering commonly asked questions. The informational piece first looks at the ADA’s definition of a disability and concludes that individuals with HIV, whether symptomatic or asymptomatic, […]

Employers Not Held to Higher Burden of Proof to Establish that Employee is Exempt Under the FLSA

By | July 17th, 2012 | General » Leave a comment

Passed in the 1930s, the Fair Labor Standards Act (FLSA) prohibits an employer from requiring (or permitting) an employee to work in excess of 40 hours a week without paying the employee an overtime premium (generally time and a half). There are a few “white collar” exemptions that employers have interpreted broadly to avoid overtime […]

Employers Legal Resource Center Welcomes New Attorney

By | July 17th, 2012 | News » Leave a comment

Employers Legal Resource Center is pleased to announce that Ann H. Butler, Esq., has joined the firm in an Of Counsel role! Mrs. Butler has been an attorney for over 20 years, many of those employed with a major insurance carrier in a supervisory and management role. Her wealth of experience in both management and […]

EEOC Loses Claim Brought on Behalf of Fired Deaf Employee

By | July 12th, 2012 | General » Leave a comment

The EEOC lost a claim brought against the The Picture People, who fired an employee who is profoundly deaf because she could not orally communicate with customers. Ms. Chrysler was hired by The Picture People during the holiday season to be a “performer” — an individual who does customer intake, sales, portrait photography, and lab […]

Prompt Remedial Action by Employer Bars Hostile Work Environment Claim

By | July 12th, 2012 | General » Leave a comment

Once again, the Tenth Circuit finds that comments made and actions by an employee that were demonstrative of a gender bias (“this department would run better if the males were doing the job”) together with other demeaning conduct (ridiculing the employee, failing to make eye contact in conversations, treating her like a “servant”) were sufficiently […]

Accommodations not Necessary to Create More or Better Opportunities, Just Same Opportunites as Non-Disabled

By | July 6th, 2012 | General » Leave a comment

In a recent case that arose in the context of equal housing opportunities, the Tenth Circuit Court of Appeals looked at how the statutory purpose behind providing reasonable accommodations limits how far an entity must go in providing such accommodations. The purpose of the reasonable accommodation requirement under the Fair Housing Act is to provide […]

Pharmaceutical Reps not Entitled to Overtime

By | July 3rd, 2012 | General » Leave a comment

The Fair Labor Standards Act (FLSA) requires that employees be paid overtime wages for all hours worked in excess of 40, unless the employee fits into one of the FLSA’s narrow exceptions for certain white collar workers. For years, the pharmaceutical industry relied on the “outside sales exemption” to the FLSA to avoid overtime for […]

Tenth Circuit Takes Broad View of What Constitutes Harassment

By | July 2nd, 2012 | General » Leave a comment

Finding the line between the “general civility code” that the Courts have repeatedly stated was not established by Title VII and “illegal harassment” has caused many an employer headache and spawned considerable litigation. Last week, the Tenth Circuit helped shed some light on the analysis to conduct to determine if certain actions have crossed that […]

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