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IAML Insights

May 05, 2017

I recently complained that Amy Dickson, author of the “Ask Amy” syndicated advice column, had given some poor (or at least premature) employment law advice to a reader. Apparently, a number of her readers expressed similar concerns, and, to her credit, Amy has corrected herself — twice now. The first correction appeared this past...

May 04, 2017

It’s been six year since the Supreme Court decided, in Staub v. Proctor Hosp., which validated the “cat’s paw” as a valid theory of liability in discrimination cases. The “cat’s paw” seeks to hold an employer liable for the discriminatory animus of an employee who played no role in the decision, but nevertheless exerted some degree of...

May 03, 2017

Wage and hour class action jurisprudence continues to twist and turn down an unusual path. As a consequence of the limited consistent case precedent in this area, hospitality employers defending against these claims face difficulty in accurately predicting their legal outcome. Case in point: In March of 2017, two courts rendered decisions...

May 02, 2017

Suppose you have an employee who takes FMLA leave for rotator-cuff surgery. Let’s say during said FMLA leave, you discover that the employee is vacationing on a Caribbean island. And, further suppose that you discover this employee’s island vacay via his own public Facebook posts, which included photos of him on the beach, posing by a boat wreck,...

April 28, 2017

Last week, I wrote about a study describing how certain timekeeping systems could create wage and hour liability through, among other things, making it easy to “cheat” and providing no transparency when changes are made. (Which makes it impossible to detect and correct errors.) Having addressed the “problem” last week, I wanted...

April 27, 2017

Twenty-four executive orders, 13 signed Congressional Review Act resolutions, and one failed healthcare bill … political pundits and policy experts are no doubt tallying up these and other actions as we quickly approach April 29, 2017, which will mark the first 100 days of the Trump administration. While there has been some important activity in...
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