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The Researching Paralegal

Category Archives: At-Will Employment

Will New DOL Rules Create Overtime Pay for Contract Lawyers?

09 Wednesday Sep 2015

Posted by Celia C. Elwell, RP in At-Will Employment, Contract Law, Employment Contracts, Employment Law, Overtime, Overtime Exemption

≈ Comments Off on Will New DOL Rules Create Overtime Pay for Contract Lawyers?

Tags

Contract Attorneys, Department of Labor, Document Review, Fair Labor Standards Act, Overtime Exemption

Feds Could Change OT Pay Rules for Attorneys, by Gabe Friedman, Big Law Business, Bloomberg BNA (with hat tip to William P. Statsky!)

https://bol.bna.com/feds-could-change-ot-pay-rules-for-attorneys/

 

Dozens of contract attorneys voiced concerns about the health of their profession in letters and comments sent to the U.S. Department of Labor during the past two months as the federal agency weighs a change to overtime pay rules.

The DOL is considering its first revisions since 2004 to the Fair Labor Standards Act section 13(a)(1), which, as currently written, creates an overtime exemption for licensed attorneys, as well as other professionals. A comment period closed on Friday. Specifically, the DOL is contemplating whether to change which primary job duties trigger an exemption and whether to increase the standard salary threshold that triggers an exemption, currently set at $455 per week. It is also considering whether to create a mechanism to automatically increase this amount over time.

Taken together, the letters paint a picture of the contract attorneys, who review documents as part of the discovery phase of litigation, as a struggling group whose wages have fallen in recent years, particularly after the recession as the market for legal services has slumped. . . .

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Employment Law Fallacies – How Many Will You Get Right?

01 Monday Jun 2015

Posted by Celia C. Elwell, RP in At-Will Employment, Employee Manuals, Employment Law, Whistleblower, Wrongful Termination

≈ Comments Off on Employment Law Fallacies – How Many Will You Get Right?

Tags

At-Will Employment, Employment Law, Free Speech, Privacy, Rest Breaks, San Antonio Employment Law Blog, Thomas J. Crane

Nine Employment Law Myths, by Thomas J. Crane, San Antonio Employment Law Blog

http://tinyurl.com/o2xdkpa

Many potential clients, friends and some folks I barely know share their knowledge with me about employment law.  Unfortunately, many of them are flat wrong. Here are a few of the more common employment law myths I encounter. . . .

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Pregnant Manager Fired For Refusing To Pay Back Money Taken In Robbery.

27 Monday Apr 2015

Posted by Celia C. Elwell, RP in At-Will Employment, Employment Law

≈ Comments Off on Pregnant Manager Fired For Refusing To Pay Back Money Taken In Robbery.

Tags

At-Will Employment, Employee Termination, Employment Law, Popeye Franchise, San Antonio Employment Law Blog, Thomas J. Crane

Popeye’s Manager Fired after Refusing to Pay for Robbery,  by Thomas J. Crane, San Antonio Employment Law Blog

http://tinyurl.com/nn48we6

This is the ugly side of at-will employment. Under at-will employment, a worker can be fired for any reason, so long as the reason does not involve discrimination and a few other rare exceptions. Marissa Holcomb was fired from her job as manager at the Popeye’s in Channel View, a Houston suburb after the place was robbed. The robber took $400 from the cash register. Ms. Holcomb was told to pay back the $400 or be fired. The pregnant mother of three chose to be fired. She could not afford to pay $400, especially after risking her life for her employer. The robber pointed a pistol at her and others during the incident.

Ms. Holcomb was fired less than 36 hours after the robbery. A franchise spokeman said she was fired because she left too much money in the register. . . .

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