Labor and Employment Law Blog

Corporate Function — Not Corporate Formality — Determines FLSA Status

The Tenth Circuit Court of Appeals, in its October 3, 2018 opinion, reiterated that a worker’s status as an employee or an independent contractor cannot be determined by corporate formalities or labels alone. In Acosta v. Jani-King of Okla., Inc., Case No. 17-6179, 2018 WL 4762748 (10th Cir. Oct. 3, 2018), the court found that […]

| 1 min read | Tagged: , , , , , ,
AS
Former Associate

Does Your Employee Handbook Need a Makeover? Tips to Help Your Policies and Procedures Work for You

Employee handbooks, policy and procedure manuals, and other guidelines given to employees can be a very effective way for employers to communicate their expectations to their employees and show that an employee’s bad behavior was in violation of company policies.  Yet, employee handbooks can also be a liability to the company by implicitly carving out […]

| 2 min read
AS
Former Associate

When—Exactly—Does an Adverse Employment Action Occur? The Utah Supreme Court Weighs In

Can one employee be considered terminated from the same position twice? Though the concept seems to give plaintiffs two bites at the apple for statute of limitations, the Utah Supreme Court says, in certain circumstances, yes. Read on here.

| 1 min read | Tagged: , , , ,
AS
Former Associate

Protecting Your Company Against the Perils of Office Parties

Be careful about throwing the type of office holiday party that gets everyone taken off the “Nice List.” In many circumstances, an employee’s bad behavior, or even their guest’s bad behavior, may be imputed to the employer that sponsors the event. Before you take a second look at your guest list, there are some tips […]

| 1 min read | Tagged: , ,
AS
Former Associate