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Title IX: an employment law too?
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When many people think of Title IX, they believe it only applies to students who are discriminated against based on sex. However, what they don’t realize is that there is actually a much broader interpretation, protecting employees of most educational... Continue reading
Posted Feb 4, 2015 at Employment Law Bits
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Constructive Discharge: Can an employer be liable for sex discrimination for failing to provide new mothers access to a “lactation room”?
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Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of sex. As amended by the Pregnancy Discrimination Act of 1978, sex-based discrimination under Title VII includes discrimination based on pregnancy, childbirth, or related medical... Continue reading
Posted Jan 28, 2015 at Employment Law Bits
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Supreme Court to hear cases involving underwater mortgages disputes
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The United States Supreme Court will hear two cases involving banks and homeowners with underwater mortgages. The cases are Bank of America v. Caulkett and Bank of America v. Toledo-Cardona. An underwater mortgage is a loan for the purchase of... Continue reading
Posted Jan 28, 2015 at Bankruptcy Bits
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Can you fire an employee for ranting against your company, or you personally, on Facebook?
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American Medical Response fired one of its workers after she made negative comments about her supervisor on Facebook. The National Labor Relations Board (NRLB) issued a complaint against the company, alleging that it illegally terminated the employee. The NLRB further... Continue reading
Posted Jan 21, 2015 at Employment Law Bits
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Are punitive damages recoverable in a Title VII discrimination case?
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Title VII of the Civil Rights Act allows some employees who have been discriminated against to recover punitive damages from the employer. An employee will be entitled to punitive damages when an employer engages in discriminatory practices with malice or... Continue reading
Posted Jan 14, 2015 at Employment Law Bits
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Employers beware terminating protesting employees and those who use profanity
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Section 8(a)(1) of the National Labor Relations Board (NLRB) Act protects employees who are terminated after they voice their opinion about working conditions. Employees do not lose this protection if, in response to the termination, they yell profanities at the... Continue reading
Posted Jan 7, 2015 at Employment Law Bits
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Employee or an independent contractor? Misclassification may be costly.
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The Fair Labor Standards Act defines the word, “employ,” as “to suffer or permit to work.” Generally speaking, employees are those workers who are economically dependent on the employer. Independent contractors are those who are economically independent and are in... Continue reading
Posted Dec 30, 2014 at Employment Law Bits
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What is the Fair Labor Standards Act?
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The Fair Labor Standards Act, commonly referred to as FLSA, is the federal law that sets the minimum wage, overtime, recordkeeping, and youth employment standards. So how do you know if the FLSA applies to you? There are two ways:... Continue reading
Posted Dec 23, 2014 at Employment Law Bits
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Is alcoholism considered a disability under the Americans with Disabilities Act (ADA)?
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According to the ADA, a person is considered to have a disability if: They a physical or mental impairment that substantially limits one or more major life activities; There is a record of such an impairment; or If they are... Continue reading
Posted Dec 17, 2014 at Employment Law Bits
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Why would I want to offer a severance benefit to a terminated employee?
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Employers are not required to offer severance benefits, but it is common practice among businesses. So why would you want to offer a severance package to a past employee? Well, there a quite a few reasons why it might be... Continue reading
Posted Dec 10, 2014 at Employment Law Bits
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Estate tax portability ends December 31, 2014!
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If you have a spouse who passed away after December 31, 2010 but before December 31, 2013, there is a limited time frame by which you may file to obtain your spouse’s estate tax exemption. This is what is known... Continue reading
Posted Dec 5, 2014 at Estate Planning Bits
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Open enrollment period for 2015 health insurance coverage
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Did you know that we are currently in the open enrollment period for “Obamacare”? For plans sold on the individual market, consumers should act promptly to avoid any gap in coverage. If you do not act, you could be exposed... Continue reading
Posted Dec 4, 2014 at Estate Planning Bits
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Requirements for starting a pet store
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So you’re ready to be your own boss, and you would like to open a pet store. But where do you begin? There are a few things you need to do before you can start your business. To operate a... Continue reading
Posted Dec 3, 2014 at Employment Law Bits
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What is FMLA and what does it cover?
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Everyone keeps mentioning FMLA, but what is it? FMLA stands for the Family and Medical Leave Act, and it applies to employers who have 50 or more employees, public agencies, and elementary and secondary schools. Under this act, eligible employees... Continue reading
Posted Nov 25, 2014 at Employment Law Bits
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Does every second really count? - What counts as compensable time under the Fair Labor Standards Act (FLSA)
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In order to determine how much an employee should be compensated, it helps to know the amount of hours they worked. But what hours count as compensable time under FLSA? Normally the “workday” is the period of time between the... Continue reading
Posted Nov 19, 2014 at Employment Law Bits
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Holiday hours and pay – employers beware tripping up here
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Holidays can be hectic. For employers, holidays are even more complex when one considers the intricacies of the holiday employment laws. Violations of holiday laws can be costly, so it is important for employers to know the laws as they... Continue reading
Posted Nov 12, 2014 at Employment Law Bits
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Reducing Intermittent FMLA Leave at Work*
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According to the Disability Management Employer Coalition (DMEC) and Spring Consulting Group LLC, 57% of employers say that intermittent leave is the biggest leave-related challenge their company experiences. However, intermittent leave actually accounts for only 25% of FMLA-related leave. There... Continue reading
Posted Nov 5, 2014 at Employment Law Bits
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Divorce: Who Gets the Pets?
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As we have all likely witnessed at the park, vet’s office, or pet food store, some people treat their pets just like furry or feathered offspring – and some may even treat their pets better than they treat their children.... Continue reading
Posted Oct 31, 2014 at Family Law Bits
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Celebrities who have filed for bankruptcy
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No one is immune to bankruptcy – it can affect anyone, including celebrities. In fact, a startling number of the “rich and famous” have filed for bankruptcy for relief from their debts. There are many reasons why someone famous might... Continue reading
Posted Oct 16, 2014 at Bankruptcy Bits
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Consequences of Not Telling the “Real” Truth to the Bankruptcy Court: The Real Housewives of New Jersey Stars Teresa Giudice and Joe Giudice Both Sentenced to Prison
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U.S. District Court Judge Esther Salas sentenced Real Housewives of New Jersey star Teresa Giudice to 15 months in federal prison, after giving her husband, Joe Giudice, a sentence of 41 months. The couple will be allowed to serve time... Continue reading
Posted Oct 8, 2014 at Bankruptcy Bits
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Workplace posters for small businesses and other employers
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You created a business plan, secured a loan, leased a building, got all the necessary equipment, and hired employees. You’re all ready to open your doors for business, but do you have the required labor law posters? That’s right, there... Continue reading
Posted Oct 8, 2014 at Employment Law Bits
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Always be truthful in the Bankruptcy Court
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Because he failed to tell the truth in his bankruptcy proceedings, a debtor named Jay Freese of Montour, Iowa, will now have a long time to rethink his decision to deceive the US Bankruptcy Court, as he departs to serve... Continue reading
Posted Oct 1, 2014 at Bankruptcy Bits
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DOMA and your 401(k) or (m) safe harbor plan
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How will the DOMA decision in 2013 in U.S. v. Windsor affect your 401(k) or (m) safe harbor plan? Well, the Internal Revenue Service (IRS) issued Notice 2014-37 on May 16, 2014 addressing this exact issue. In this notice, they... Continue reading
Posted Oct 1, 2014 at Employment Law Bits
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What are the legal holidays in Massachusetts, and can you make your employees work them?
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Are you legally allowed to make your employees work on a holiday? According to Massachusetts law, if an employer requires an employee to work in any mill or factory on any legal holiday, except to perform work that is absolutely... Continue reading
Posted Sep 24, 2014 at Employment Law Bits
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Crumbs Bake Shop to reopen in select locations
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Judge Michael Kaplan of the United States Bankruptcy Court in Newark, New Jersey, recently approved the sale of Crumbs Bake Shop, Inc. to Dippin’ Dots owner Fischer Enterprises and its partner, TV star and financial investor Marcus Lemonis. The new... Continue reading
Posted Sep 24, 2014 at Bankruptcy Bits
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