Phillip Russell

At the annual SHRM conference, Jackson Lewis Principal Jonathan Siegel discussed recent developments in #California, including #PAGA litigation, wage theft enforcement, and paid sick leave policy updates, urging employers to stay compliant with the state's evolving employment laws.   Read here: https://lnkd.in/gy9Fi5ZY   #EmploymentLaw #EmpLaw 

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Call me … maybe? When is an employee entitled to special treatment under an employer's call-in rules? Latrice Crispell, a 23-year assembly-line employee of FCA, suffered from major depression and anxiety, which qualified her for intermittent leave under the FMLA. FCA had a strict 30-minute call-in rule, requiring employees to notify their supervisors of any absence at least 30 minutes before their shift, or later with a statement explaining the missed call-in. Crispell struggled to comply with that rule during severe flare-ups of her condition, which made her absent or late 15 times during the final three months of her employment. Despite submitting explanations and a doctor's note about how her illness made it impossible for her to comply with the 30-minute rule during flare-ups, FCA disciplined and ultimately terminated her. Despite the employee failing to meet FCA's call-in requirements, the 6th Circuit reversed the trial court's grant of summary judgment to the employer. In its ruling, the court highlighted two key reasons why it excused Crispell's failure to comply with FCA's call-in rule: (1) FMLA | Unusual Circumstances and Adequate Notice: The court found that Crispell's severe medical flare-ups constituted unusual circumstances under the FMLA, which can excuse an employee from the usual notice requirements for unforeseeable FMLA leave. Although Crispell did not call in 30 minutes before her shift, she provided detailed letters and a doctor's statement explaining her medical condition and its impact on her ability to meet the call-in requirement. The court determined that this information should have been sufficient for FCA to understand and excuse her tardiness under the FMLA. (2) ADA | Reasonable Accommodation: Because FCA was fully aware of Crispell's medical condition and history of intermittent FMLA leave, it should have considered her situation as a need for a reasonable accommodation under the ADA and to engage in the interactive process. Exempting Crispell from the call-in rule during severe flare-ups was a reasonable accommodation. FCA's rigid enforcement of the rule, without considering her medical history or documentation, therefore violated the ADA. This decision underscores the importance of flexibility and understanding in enforcing workplace policies when dealing with employees' known serious medical conditions. It's crucial to engage in the interactive process to explore reasonable accommodations, as courts will hold employers accountable for rigidly applying policies without considering employees' medical needs. 

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Claim Dismissed for Failure Adequately to Allege that Contractual Limitations Period was Unreasonable - John Lundin https://lnkd.in/eS9CifZ4 On November 26, 2024, the Court of Appeals issued a decision in Farage v. Associated Ins. Mgt. Corp., 2024 NY Slip Op. 05875, holding that a claim should be dismissed as untimely because the plaintiff failed adequately to allege that a contractual limitations period was unreasonable . . . <a class="more-link" href="https://lnkd.in/epmkCfHy">Continue reading <span class="screen-reader-text">Corporate Officer Liable for Corporation’s Conversion of Funds</span></a>

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How does your agency feel about clean record agreements? Check out Federal Employment Law Training Group Training Director Dan Gephart's points to consider if you're negotiating a settlement.

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July 2024 lateral move data for Florida*:   There were 120 lateral moves by Florida attorneys in July 2024, with litigation leading the way (as it has every month this year).   The 120 moves were the fewest for the month of July since 2020:   • July 2023 (138) • July 2022 (138) • July 2021 (146) • July 2020 (52)   The top 5 practice areas for lateral moves were:   • Litigation (67) • Insurance (16) • Trusts & Estates (8) • Labor & Employment (6) • Corporate (6)   Moves by title:   • Associates (60) • Partners (36) • Counsel (11) • Other (13)   The most moves by class year were:   • 2016 (10) • 2012 and 2019 (9) • 2020 and 2022 (8)   The firms that hired the most attorneys were:   • Wilson Elser (7) • Cole Scott Kissane (5) • Kubicki Draper (5) • Lewis Brisbois (5) • Gunster (4)   And the firms that lost the most attorneys were:   • Quintairos Prieto Wood & Boyer (9) • Manning Gross & Massenburg (6) (all 6 joined Wilson Elser) • Kubicki Draper (4) • Cole Scott Kissane (3) For moves by location, there were 21 out-of-state moves: • 13 attorneys left Florida (with 6 going to NY) • 8 attorneys relocated to Florida (NY - 3; DC - 2)  Message or call me if you have any questions about the data.   Tomorrow I'll post about July's lateral moves limited to AmLaw firms.   *Data from Firm Prospects, LLC   𝗕𝗲 𝗨𝗻𝗰𝗼𝗺𝗺𝗼𝗻ᵀᴹ

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Adam Gersh, Labor & Employment Shareholder, issued a client alert on the heels of the Department of Labor’s Final Rule increasing the minimum salary thresholds for administrative, executive, and professional exemptions on July 1, 2024 under the Fair Labor Standards Act (“FLSA”). Adam breaks down the details of these exemptions, and reviews what’s new, what’s the same, and what employers should do now. Read more here: https://lnkd.in/ggCriK_K Adam regularly works with businesses to resolve employment and labor related matters which include defending actions and claims by employees, negotiating with unions on behalf of management, addressing all aspects of non-compete agreements, drafting employment and separation agreements, planning for reductions in force, preparing organizations for federal and state wage and hour audits, guiding businesses as to OSHA compliance, arbitrating labor grievances, and representing management before the National Labor Relations Board. You can contact him at 856.382.2246 or [email protected]. 

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Maryland and Washington, D.C., are the latest jurisdictions to enact pay transparency and wage history laws, joining other states such as California, Colorado, Illinois, New York, and Washington that are taking steps to address pay disparity concerns. 🔗 Read the latest #GTAlert on the topic, written by Johnine P. Barnes and Mikaela Shaw Masoudpour: https://buff.ly/3yqSjgj. #LaborandEmployment #paytransparency #wagehistory

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FREE CLE for members! Fraud and embezzlement in the workplace. This CLE will give employment law and criminal defense attorneys tips on crossover legal issues and how to navigate them. (1 hr. CLE credit; non-members $30). Details and registration: https://lnkd.in/g_SRnDSZ.

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Jon Hyman offers important insight for employers on accommodations and employees’ medical needs. #HR #DEI “This decision underscores the importance of flexibility and understanding in enforcing workplace policies when dealing with employees' known serious medical conditions. It's crucial to engage in the interactive process to explore reasonable accommodations, as courts will hold employers accountable for rigidly applying policies without considering employees' medical needs.”

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Employer Alert – Court Sets Aside FTC’s Non-Compete Rule; Rule Will Not Take Effect   As ES Law previously reported, the Federal Trade Commission issued a rule that would have taken effect on September 4, 2024, banning general non-competes nationwide. A federal court in Texas has now invalidated that rule. The court’s ruling applies nationwide; thus, the rule will not take effect. Many of our employer clients had been working to ensure their non-compete agreements would be compliant. We encourage employers to reach out to legal counsel to understand the full ramifications of this legal ruling and how the future landscape of this area is being shaped. See the court’s judgment here:

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Waffle House claims NLRB process is unconstitutional https://lri.link/4i7iue2 #NLRB #LaborLaw #EmpLaw #LaborRelations #EmployeeRelations

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What I Learned In HR Today! Pregnant Workers Fairness Act on Hold? 17 states have filed suit to stop the PWFA from going into effect. Does this mean that we should hold off writing and inserting a new pregnancy policy into our employee handbooks? Stay tuned!

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The importance of employee handbooks cannot be overstated! In this seminar, Gibbons Director Kelly Bird, a member of the firm’s Employment & Labor Law Group, and Brigette Eagan, of Genova Burns, will provide a detailed overview on drafting effective employee handbooks for both large and small employers. They will discuss legal requirements, best practices, AI, lessons learned, and much more. To learn more or register, see https://lnkd.in/es3XMkUM

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A federal court has struck down the U.S. Department of Labor’s 2024 rule raising the salary thresholds for the FLSA overtime exemptions and reverting them to previous levels, a decision that creates important considerations for employers regarding compensation plans and compliance strategies. In this legal alert, Smith Anderson employment attorneys Kim Korando and James King outline the key impacts of this ruling and actionable steps employers can take to stay ahead.

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