LexisNexis® Legal Newsroom
Margaret (Molly) DiBianca
E.D. Pa. Dismisses Nurses' Claims for Missed Meal Breaks

Essentially, the FLSA contains just two requirements for non-exempt employees: (1) that the employees be paid minimum wage; and (2) that they are compensated at a rate at least one and one-half times the regular rate for all time worked in excess of 40...

Margaret (Molly) DiBianca
Facebook "Like" as 1st Am. Speech: The Appeal

Does a Facebook "Like" constitute speech for the purposes of the 1st Amendment? In April, a federal judge in Virginia concluded that it did not in Bland v. Roberts (E.D. Va. Apr. 24, 2012) . Many legal spectators, including me, disagreed with...

Robin Shea
Eau, de humanity! Better watch those fragrances if they make your employee sick.

This issue has been coming up a lot lately: What should an employer do when an employee claims that her co-workers' fragrances make her sick? (I'm not being sexist here -- every time I've had it come up, it was a woman complaining about...

John Holmquist
An Uninvited Guest: The NLRB Settles In

The NLRB continues its march into everyday workplace issues. It started in earnest with social media. It has now moved into the arena of employer policies and handbooks focusing on the impact of employer policies on protected, concerted activities. To...

Jon Hyman
Richard Kimble and the ADA

Lt. Philip Gerard : Why don't you stop running and turn yourself in, Kimble? Dr. Richard Kimble : There's a man I have to find. A one-armed man. When I find him, I'll turn myself in. Lt. Philip Gerard : Still sticking to that same tall...

Philip Miles
Third Circuit Defines "Joint Employment" Under FLSA

In In re EnterpriseRent-A-Car Wage and Hour Employment Practices Litigation , 683 F.3d 462 (3d Cir. June 28, 2012), the Third Circuit defined "joint employment" under the FLSA. The case arises from a collective action for unpaid overtime brought...