IAML Insights

April 03, 2019

The fact-pattern is familiar to employers who have been on the receiving end of attorney litigation threats. A plaintiff’s lawyer calls, or writes a letter, outlining a potential claim by a client, makes a demand for damages, then perhaps throws in mention of the harm the company will suffer if the allegations become “public.” Just another run-of-...

April 02, 2019

Over the past week, the Department of Labor's announced proposals for significant (and much needed) regulatory updates to the definitions of "regular rate" and "joint employer".The DOL proposed an update to the definition of "regular rate" under the Fair Labor Standards Act.The proposal would permit employers to exclude the following from an...

April 01, 2019

Cue the music, please:  A tinkling piano in the next apartmentThose stumbling words that told you what my heart meantA fairground’s painted swingsThese foolish things remind me of you. “What kind of fool are we?”  Musing over Cole Porter’s immortal lyrics in today’s workplace may surely spur contact from a plaintiffs’ lawyer retorting...

March 28, 2019

By now you've likely heard that the Department of Labor announced its intent to increase the qualifying salary threshold for its white collar exemptions from $455 per week ($23,660 annually) to $679 per week ($35,308 annually).I'm here to tell you that this increase just doesn't matter.Why? Because for an employee to qualify as exempt,...

March 27, 2019

Harassment claims continue to dominate the legal news, but the Second Circuit recently reminded us that workplace harassment extends far beyond sex and gender. The Circuit recently joined several sister circuits recognizing that a plaintiff can pursue a claim for harassment based on disability under the Americans with Disabilities Act (“ADA”),...

March 25, 2019

Know where your rights as an employer begin and end. A federal judge refused this week to dismiss a "cyber privacy" lawsuit, providing some good lessons for employers. Most employers have policies giving them the right to monitor employees' activities while using the employer's computer systems. But even so, the employer's rights aren't unlimited...