Date archive: August 2015

And an Arbitration Agreement Is Enforced

Employee arbitration provisions and agreements have been under increased scrutiny. However, in a 2015 case, Hewitt v. Honorable Kristine Kerr, the Missouri Supreme Court enforced an agreement to arbitrate against a former employee of St. Louis Rams. The case is a helpful refresher on Missouri law on arbitration agreements for employers who wish to arbitrate employment claims.

Pay Me! Should Interns be Paid? A New Test

Plaintiffs were unpaid interns on the Fox Searchlight distributed film Black Swan. The U.S. District Court for the Southern District of New York found the Black Swan interns were employees under the Fair Labor Standards Act and New York Labor Law. The court applied a version of the U.S. Labor Department’s six factor test, which was derived from the 68 year-old Supreme Court decision Walling v. Portland Terminal Co., 330 U.S. 148 (1947), to determine whether the interns fell within an exception for unpaid trainees.

FMLA – Curing a Deficient Medical Certification

Your employee requests Family Medical Leave and presents you with a medical certification that is deficient. What do you do?

Can you Fire Someone for a Facebook Post?

The NLRB recently told an Illinois hotel – NO!

A banquet server at the hotel gathered with other employees in the hallway for a break during a work day that had already lasted 14 hours. The server posted a photograph of the workers on her Facebook page, adding the comment “That’s how we work at TPCC.” The photo made it appear several employees were not working, but the server later testified that she was making a joke about employees who had already worked very hard that day. Several co-workers posted comments on the post.

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This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2014 Sandberg Phoenix & von Gontard P.C. All Rights Reserved.

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