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Category Archives: Employment Law

How NLRB v. Noel Canning Could Impact Labor Policy

By Tobin O’Connor & Ewing |

Every so often, a case comes along that can rightly be called a landmark decision because it has exceptionally broad ramifications and fundamentally changes the legal landscape. It seems, however, that such landmark cases have become peculiarly common of late. With the legal community still mulling over the impact of the Windsor decision from… Read More »

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U.S. Supreme Court Rules that Pharmaceutical Sales Representatives Are Not Entitled to Overtime Pay

By Tobin O’Connor & Ewing |

Under the Fair Labor Standards Act (FLSA), employers are generally required to pay overtime to employees. In Christopher v. SmithKlineBeecham Corp., pharmaceutical sales representatives sued their employers for overtime wages owed pursuant to the FLSA. However, there is an outside salesmen exception to the FLSA. The defendant pharmaceutical company maintained that these employees fell… Read More »

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Coleman v. Maryland Court of Appeals: Important Supreme Court Decision Regarding the Family and Medical Leave Act

By Tobin O’Connor & Ewing |

The Family and Medical Leave Act’s self-care provision permits an employee to take leave if there is a serious health condition that makes the employee unable to perform the functions of the position of such employee. The plaintiff, Daniel Coleman, worked at the Court of Appeals of Maryland when he requested leave under the… Read More »

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Making Sure Independent Contractors Are Not Considered Employees

By Tobin O’Connor & Ewing |

Signing an independent contractor agreement is not enough to make employees independent contractors. Under U.S. employment law, if workers are not properly classified, there can be unexpected liability for the employer. If workers are considered employees and they worked more than 40 hours, they are likely entitled to overtime pay under the Fair Labor… Read More »

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Virginia Law Regarding Wrongful Termination

By Tobin O’Connor & Ewing |

In VanBuren v. Grubb, the plaintiff, Angela VanBuren, claims that her supervisor, Stephen Grubb, sexually harassed her. VanBuren alleges that she rejected Grubb’s repeated advances, which included inappropriate comments, touching, groping and kissing. When Grubb asked VanBuren whether she planned to stay with her husband and she answered affirmatively, he fired her. He provided… Read More »

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Ways an Employee May Ask for a Reasonable Accommodation Under the ADA

By Tobin O’Connor & Ewing |

If an individual with disabilities needs reasonable accommodation at their workplace, the individual must request the accommodation from the employer. When an employee makes their request, an employer should determine whether the employee’s medical condition falls within the parameters of disability under the ADA. Disability is defined by the recent amendments to the ADA… Read More »

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What Businesses with up to 50 Employees Need to Know About the Affordable Care Act

By Tobin O’Connor & Ewing |

Numerous provisions of the Affordable Care Act are slated to go into effect in 2013 and 2014. Many of these provisions will affect employers with up to 50 employees, and it is critical for businesses to be prepared. The U.S. Small Business Administration delineated some of these major changes, which include: Small Business Health… Read More »

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The Basics of Following Labor Laws When Hiring Interns

By Tobin O’Connor & Ewing |

Internships at for-profit entities must comply with the Fair Labor Standards Act (FLSA). The Department of Labor has issued a guide to help employers comply with the legal wage and overtime requirements of the FLSA. The law defines the term “employ” very broadly, and those who qualify as employees rather than trainees must be… Read More »

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What Constitutes an Undue Hardship for an Employer Under the ADA?

By Tobin O’Connor & Ewing |

Under the Americans with Disabilities Act (ADA), employers must provide reasonable workplace accommodations to employees with disabilities to facilitate their employment or face serious consequences. The Equal Employment Opportunity Commission explains that employers are not required to provide a reasonable accommodation if it would cause an undue hardship. The standard for proving undue hardship… Read More »

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What is a Reasonable Accommodation under the ADA? Important Information for Employers

By Tobin O’Connor & Ewing |

The Americans with Disabilities Act requires employers to provide reasonable accommodations to qualified individuals with disabilities, unless it would cause undue hardship. The act defines an accommodation as “any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.”… Read More »

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