Misty Leon

Streaming Live Next Friday (31 May)! Join me for a discussion on #MentalHealth challenges within the legal profession, including substance use. If you've ever felt like these topics are not addressed enough or with enough candor, this program is for you. The session will delve into navigating the "work hard, play hard" mentality prevalent in the legal field, along with the perceived stigma around vulnerability and the resistance to seeking help. I am going to offers practical guidance on shedding habits that no longer benefit attorneys and provide some coaching on asserting choices that may set us apart from our peers, even in environments where being different is challenging. (#Mocktails without the Mocking anyone?!) This session touches on stress, anxiety, depression, and may also get briefly into topics like disordered eating, suicidal ideation, and related issues. I bring an empathic and compassionate approach (I like to think), but please join if (and only if) the conversation is a safe one for you. #CLE credits available in many (but not all) states - please check the site for all details. And, yes, the title is a cheeky reference to one of my favorite childhood shows because I was raised by public television and supported by viewers like you. My Lawline course page is live: https://lnkd.in/e3Q3fZaF

20

12 Comments

A big day today for employees and employers everywhere! What a fun time to be an employment lawyer! 🤓 First up, the Federal Trade Commission announced a ban on non-competes nationwide with a limited exception for existing non-competes for senior executives. Importantly, employers are required to notify current and former workers that their non-competes are no longer in effect. There is a 120 day effective date, but the U.S. Chamber of Commerce has announced it will file a lawsuit challenging the rule as early as tomorrow. Second, the U.S. Department of Labor has announced new salary thresholds for employees to classify as exempt (i.e., to not be paid overtime) under the Fair Labor Standards Act. Now, employees must earn at least $58,656 annually (up 65% from $35,568) to qualify for the executive, administrative, or professional exemptions, and $151,164 (up from $107,432) for the highly compensated employee exemption. The thresholds are set to increase automatically every three years! The rule is effective July 1, 2024 with an initial increase to $43,888, but employers have until January 1, 2025 to comply with the full increase of $58,656. Litigation is imminent, of course, and, as some may recall, the Obama administration's 2016 attempt to increase the thresholds was enjoined. #FLSA #wageandhour #noncompete #employment

72

3 Comments

"The more grateful I am, the more beauty I see." – Mary Davis On this Motivational Monday, we at Alcorn Immigration Law are reflecting on the power of gratitude — a practice that serves as a continuous source of motivation and inspiration. As we approach this season of Thanksgiving, we are reminded of the power of gratitude — not only as a reflection of what we've achieved but as a force that shapes the future. At our immigration law firm, we have been privileged to witness countless moments of growth, determination, and transformation as we help individuals and families navigate their immigration journey. And for that, we are incredibly grateful. Gratitude is a powerful tool, one that magnifies the good in our lives and invites more of it in. When we focus on the beauty that surrounds us — in our work, in the lives we touch, and in the progress we make — we open ourselves up to even greater possibilities. This year has brought its challenges, but it has also filled us with immense gratitude for the opportunity to make a meaningful difference in the lives of our clients. Every story we hear, every milestone we help our clients achieve, is a testament to the resilience and strength that defines this journey. As we give thanks for the incredible moments of this year, we also focus on what lies ahead — with optimism, trust, and belief in the power of possibility. What we focus on expands, and by being grateful for the wins, big and small, we align ourselves with even greater success and opportunity in the year to come. We are excited to continue serving our clients with compassion and dedication in the months ahead, knowing that the more we focus on the beauty of the work we do, the more we will be able to help people create the future they envision for themselves. Wishing everyone a Thanksgiving season filled with warmth, gratitude, and a deep sense of possibility. As we reflect on all that we've accomplished, let's carry that energy forward into the new year, attracting even more opportunities for growth, success, and fulfillment! #Thanksgiving #Gratitude #Immigration #ImmigrationLaw #NewBeginnings #Resilience #PositiveChange

15

Employers, repeat after me: Firing an employee on FMLA leave to care for a gravely ill family member without a legitimate unrelated reason is asking for a lawsuit. Ballard Spahr now faces an FMLA leave interference and retaliation and ADA associational disability discrimination suit by former Legal Assistant, Dori Gardiner. (Yes, the ADA prohibits discrimination based on an employee's association with a disabled person.) Gardiner worked as a Legal Assistant at Ballard Spahr, supporting several partners and one senior associate from Oct 2020 until her termination on or about Sept 28, 2022. Her husband, diagnosed with metastatic prostate cancer on January 30, 2002 began radiation, chemo and hormone therapy . Staff began hybrid work arrangements on or about Feb 28. Allegedly: Ms. Gardiner disclosed her husband's condition to her employer on March 1 and requested to continue working remotely during her husband's treatment. Her request was granted. On March 25, 2022, she submitted paperwork for intermittent FMLA leave, which Ballard Spahr approved. She returned to in-person work on May 2, 2022. She also used occasional PTO (with permission) to take her husband to dr appointments. On July 11, Ms. Gardiner after a favorable performance review she got a 7.5% raise. On Sept 16, a PET scan revealed that her husband's cancer had spread throughout his body. She told her superiors. On Sept 27 they called her into a meeting and told her they wanted to fire her "immediately" for making too many mistakes and taking too much time off due to her husband's illness. She asked to be transferred to another position. The next day she was told "No" and they terminated her. She was still on approved intermittent FMLA leave. (9 months later her husband died.) The timing alone doesn't bode well for Ballard Spahr. Two months after a favorable performance review with a nice raise, she is suddenly "making too many mistakes" without any prior discussion, no chance to improve (if she *was* making mistakes) and no support from any supervisor? Termination is not supposed to be the go-to response -- especially for an employee on a legally protected leave. The goal is supposed to be retention -- especially if all evidence indicates favorable performance. Add to that: performance issues, if any, would appear to have coincided with the stress of a husband with a catastrophic illness. Yes, I advise employers to document performance issues. I also advise employers make good faith attempts to work with employees who may have extenuating circumstances causing temporary drops in their performance. I also advise employers about their obligations under FMLA and ADA. But if you treat an employee with a gravely ill loved one the way this one allegedly did, do you really have a right to expect employee engagement and loyalty? Can you really be surprised when you're sued? Thoughts? Share below. #employmentlaw, #fmla, #employers, #hr, #disabilitydiscrimination

38

2 Comments

NEED FOR SPEED. There is traditional talk, drink and laugh networking and then there's Corporate Counsel Women of Color (CCWC)fast car-driving networking. At CCWC, I thought, this was cute. I'll say hello to a few, take a few laps, and then head in. But, then it happened. They put 12 of us on a track and when those cars amped up on speed, I think I lost my mind. I saw a leader board and instinctly after seeing myself in 3rd place, I had to be first. I started banking curves, darting between cars, and aiming for # 1. There was no other option. After 2 laps, I did it! Now, people had to chase me (Car#2). I kept that lead for another 7 laps and My CCWC sister Kara Andheller (in Car#19) reminded me that that coveted spot was just as much hers as I decided it was mine. Notably, Kara and I had goals for first place, but on that same track were other CCWC sisters who were simply trying to survive, trying not to be last, trying not to run into the wall. Kara told me she was chasing my shiny shoes and her moment came when a slower racer on the track stalled. I had a choice, cut off the slower car and win or slow down and save us both. I slowed down. I came in 2nd, but all was well. I qualified for the finals. Who knew the lessons from an adrenaline filled networking event would be found that night? What I can tell you is this: In your aim for the top: 1. Always be aware of the people around you who want what you want. Can you help them? Will you cheer for them? Will they cheer for you? Can you both win? BTW, I was happy for Kara and she for me. We both qualified for the finals. 2. What you want is for you, but careful not to step on, roll over or look down on others who are on the same track but could use your courtesy, perhaps even your help. Lift as you climb. 3. Your definition of success is measured by your willingness to stay present in the moment of your happiness. You are winning no matter what when you know what you know what you know. #ccwc #ccwc2024 #needforspeed #qualifierrace #staygrounded #winning Martine-Pascale Gaujean Kanika Johnson Jayna Rust Olivia Carberry Erica Navar Laura Najemy Idia M. Egonmwan, Esq.

50

3 Comments

The wait is over … non-competes will not be affected by the FTC rule. The federal district court in Texas today enjoined the rule nationwide and ruled that the FTC exceeded its authority in issuing the regulation and that the regulation was “arbitrary and capricious” (wasn’t drafted to deal with the issue in a well-reasoned way.) Attached is an article with more background. No need to get rid of non-competes due to this rule … but the FTC will surely appeal this, and there are state laws that forbid or limit non-competes. Have a legal review to determine whether your non-compete is enforceable. If so, a knowledgeable attorney can advise on using language forbidding solicitation that can offer a great deal of protection to a company while allowing people to work in their chosen field.

2

E-2: The Hidden Gem People Don't Talk About Those interested in starting a business in the United States should seriously consider coming to the US in E-2 status. This underused status has the added benefit of enabling your business to bring senior workers from your home country to the US fairly easily once the initial application is approved. Only certain countries qualify, but for those that do, it is often a great option. The business does not need to be complex; even a coffee shop will work! ...If you end up setting up a nice coffee shop near me, please let me know. They make my life so much better.

2

If you are the parent of school-aged children, you know that at some point in the last 20 years, May gave the side-eye to December and said, “Here, hold my beer.” May now has all the busyness of the holiday season without the brightly colored lights and reindeer. In our relentless race to the finish line of another school year, there are class picnics, field trips, teacher gifts, graduations . . . and my favorite, CAREER DAY. The day where I attempt to make my job sound cooler than a police officer, musician or amusement park designer to a room full of 10-year-olds. (Sure, I didn’t make the cut, but I'm auditioning for next year.) What do I do? I help lawyers thrive by providing legal departments and law firms with highly credentialed flexible legal talent. (Any wonder why I was asked to chaperone my kid’s field trip to the museum instead of presenting at Career Day? Stick with me.) Law firms and legal departments are asked to do a lot of work, often with limited resources. These are my clients. AND a lot of talented lawyers prefer to do work that works for them – work that flexes with their priorities, their families, their schedules. These are Latitude's attorneys. At Latitude Legal, I connect these talented attorneys (i.e. flexible legal talent) with the legal departments and law firms that need extra help. So what does this look like? Disclaimer, I’m lifting these examples from my partner Kyle Robisch who wrote a post on this topic earlier. It’s May, I’m taking shortcuts where I can. 🎯Leave Coverage: Is your assistant general counsel about to take parental leave? Flexible talent can plug the gap. 🎯Surge Capacity: Is your legal department drowning in a contract backlog? Does your firm need to staff up for a big case? Flexible legal talent can solve both problems and let you right-size down to your normal staffing levels once the backlog clears. 🎯Wellbeing: Is your team over-extended? Are they on the cusp of burnout (or leaving) because there’s too much work to do and not enough people or time to get it done? Time to call in reinforcements. 🎯Secondments: Does your firm need help providing an attorney to a client or backfilling a seconded attorney? Latitude can help. 🎯Gap-filling: Is your GC or a key associate leaving before their replacement is hired? We can fill the gap while HR goes through the permanent hiring process. 🎯Hiring Freezes: Did your company freeze hiring, but not the work? Latitude attorneys can help without adding overhead expense. Flexible legal talent cuts costs and risks. Our clients work with talented attorneys at a reasonable rate, only as long as they need the help. Then once the need dissipates, so do our attorneys. They're the lawyer equivalent of Mary Poppins. So this is how I help lawyers thrive. Creating win-win-win scenarios across the legal industry. What’s that, Friends? You want to know if I have plastic police badges to pass out . . . um no, but I do have blue pens. Maybe next year.

41

4 Comments

All roads lead to Texas. Learn why Texas is a great place to advance your legal career and what practices are in demand. #legalcareers #legaljobs #legalrecruitment

5

#Payinequity is a subject that systemically affects female and minority group employees. Last week, in a landmark settlement ending five years of litigation, #Disney agreed to pay $43.25 million to resolve allegations that it underpaid female employees.  Yes, the wheels of justice grind exceedingly slow!  The lead plaintiff discovered that six men holding the same job title (product development manager) were paid significantly more than her salary. The case expanded to include 9000 present and former female employees. Disney also agreed to hire an external #laboreconomist who will be charged with ongoing pay equity analyses over the next three years and an #industrialpsychologist to train its compensation team. A critical issue in #paydisparity is an #employer’s inquiry into past salary which historically has set a lowered floor for female and minority employees. Until 2017, Disney’s pay policies permitted starting salaries to be based on prior wages, reinforcing the #gendergap. Also, because #Disney then set its pay increases on a percentile basis, the pay disparities would continue. In 2018, California enacted a prohibition against #salaryhistory inquiries. However, like many other states, California did not preclude a job candidate from volunteering past salary as well as expectations; male Disney candidates were 12% more likely to volunteer this information which had an effect on their compensation offers. Should salary history bans go further and preclude any such disclosures in an effort to achieve #wageparity? #Disney  #payequity  #employmentlaw  #gendergap #TitleVII Liliana Veras Mary Ann Gargiulo LeiLani E. Quiray Nicole B. Sturtz, MPS-HRM Ginger Lewis

10

4 Comments

Feel compelled this weekend to take a break from working 20 hour days as an attorney and sworn officer of the Court, raising some pretty amazing kids on a wing and a prayer, mainlining Sugar Free Red Bull, my newly found status as a fiancé, and binge watching Love Island (UK) (a highly recommended [by me] and entertaining reality dating show which I utilize for purposes of brain-numbing to assist me with falling asleep) to bring you the mostly legal commentary that follows... Warning: This will likely be uncomfortable subject matter, requiring some necessary self-reflection, common sense, fairness, impartiality, verifiable facts, bipartisan hand holding, what I hope will result in a compulsion to undertake some independent research while fighting against the urge to repost nonsense, and an analysis of the law and our fundamental constitutional rights as US Citizens. And yes, this is about Donald Trump, but in reality, it is about and affects all of us. Disclaimer: Everyone is entitled to their own opinion (to be clear and for the avoidance of confusion - this is mine), with the caveat that any such opinion typically holds more weight making it ripe for public consideration by others if it is well founded, based on verifiable facts, law, and independent research, and grounded in some semblance of reality. You are also now aware that in addition to being an incredibly talented trial attorney (with a healthy and hard-fought sense of self-esteem), I don’t sleep a ton, I binge watch Love Island, drink a ton of Sugar Free Red Bull and am easily distracted as of late by the new shiny thing occupying my ring finger… and in the interest of full disclosure, yesterday I sent my kids to school with each other’s lunches (received a scathing text mid-day about how much my daughter hates PB&J). All this to say, please undertake your own and hopefully independent research here before reposting or commenting on this post and the attached PDF, which was necessary to avoid word count limitations.

37

10 Comments

On November 5th, voters will decide on key employment measures, including minimum wage increases and paid sick leave mandates. My colleagues Richard Greenberg, Susan Groff, Tasos Paindiris, Jennifer Ellerkamp and Cecilie Read highlight the key ballot measure employers should watch: https://lnkd.in/e8Ek7nSz #ElectionDay #EmploymentLaw

1

Having successfully negotiated an emotional distress settlement against a major Texas employer, I can tell you it's one of the most challenging uphill battles you can face. But it's not impossible. It's all about paper trail, paper trail, paper trail. If you're experiencing workplace-induced emotional distress, consult with an employment lawyer to understand your rights and options. The path will be challenging, but you should not let your rights go undefended when workplace conduct crosses the line. #EmploymentLaw #WorkplaceCulture #TexasLaw #HumanResources #EmployeeRights

11

1 Comment

FTC's Non-Compete Rule Struck Down: Learn how this recent court ruling affects employers and what to expect next. Porzio’s employment team provides insights on the potential impact for employers and future legal battles. #EmploymentLaw #NonCompete #FTC

2

Here’s an article I was quoted in predicting that courts would not enjoin the DOL overtime rule before it took effect in January. This rule would have made millions of salaried workers eligible for overtime pay. The rule raised the salary range under which employees were presumed to be eligible for overtime. The first part of increase went into effect in July. This article the article was released from the paywall today. Whelp, turns out I was way wrong. A Trump-appointed federal judge in Texas today was unimpressed with my prediction and killed the rule by granting summary judgment in favor of defendants challenging the law. I will look into my (apparently cloudy) crystal ball and predict that the incoming Trump Administration will not appeal the decision, effectively killing the rule. At least I’m not a management-side lawyer. They are now taking calls from companies that made millions of salaried workers eligible for overtime pay when the first part of the rule, now no longer law, went into effect in July. “So, we paid you more for awhile, and now we won’t.” Ouch.

7