In courts across the land, the great overtime debate — whether employees are exempt or nonexempt — shows no signs of abating. The good news for employers is that decisions such as Lutz v. Huntington Bancshares, Inc. can provide them with…

Lora M. Jennings, Attorney

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”), which was approved with bipartisan support by the Senate and a 410-2 vote by the House. Intended to give another layer of…

When might denying an employee’s transfer request be considered an adverse employment action under TitleVII and Section 1983? In Bonenberger v. St. Louis Metropolitan Police Dept., the U.S. Court of Appeals for the Eighth Circuit weighed…

In a sexual harassment case, a male employee charged his employer with failing to take prompt and corrective action to remedy a hostile work environment. The trial court in Smith v. Rock-Tenn Services, Inc., ruled in favor of the…

Job titles — and pay — don’t always keep pace with an employee’s responsibilities. Yet this common situation can lead to a lawsuit. Such was the case in Jaburek v. Foxx, where the U.S. Court of Appeals for the Seventh Circuit considered…

It’s a hot topic for many employers right now: how to determine whether an employee is exempt or nonexempt under the Fair Labor Standards Act (FLSA). The recent decision in Williams v. Genex Services could help. In this case, the U.S.…

Employers can defend themselves against claims made under the Americans with Disabilities Act (ADA). But they must follow their stated employment policies and document everything that happens along the way. The U.S. Court of Appeals for…

When an African-American employee was terminated, he cried foul. His claims included retaliation and violations of 42 U.S. Code Section 1981 and Title VII of the Civil Rights Act of 1964. The case, Mitchell v. Mercedes Benz U.S.…

Was an employee’s creative sales strategy the reason he was terminated — or was that simply a pretext? In Ng-A-Mann v. Sears, Roebuck Co., the U.S. Court of Appeals for the Fifth Circuit considered whether the plaintiff established that…

In a Title VII race discrimination action, the U.S. Court of Appeals for the Third Circuit considered whether a temporary worker assigned by a staffing agency to a retail store was a joint employee of the agency and store. As Faush v.…