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Tilting the Scales Business Issues with a Legal Slant

Category Archives: Employment & Labor

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Employers: Don’t Get Trumped by Trump’s Executive Order on Immigration

Posted in Employment & Labor, Legal Risk Management

Last week Emma Grant’s line cook and 25 other undocumented employees at her bar-b-que restaurant Emma Grant’s Bar-B-Que were working the lunch shift when it was raided by Immigration and Customs Enforcement personnel, apparently at least in partial response to a recent executive order. Can the President of the United States do that? Can this… Continue Reading

Mandatory Wage Exemption Changes

Posted in Company Management, Employment & Labor, Money

Gunner Gunter employs dealership manager Sayles and computer technician H. Packard (“Pack”) at Falconaire’s Fine Ford and pays these “white collar” employees $40,000 per year. In busy sales months, each averages 50-60 hours a week without paid overtime. Do the new FLSA regulations affect Gunner? Yes. Effective December 1st, Sayles and Pack must either be… Continue Reading

Employee Embezzlement: 4 Tell-Tale Signs

Posted in Employment & Labor

Having started as a bookkeeper and worked his way (fifteen years later) to become controller of the Bunz in the Oven family owned business, Swendoll Hugh felt underpaid and under-appreciated by Bertha Bunz and her highly successful business. When Swendoll’s grandmother passed away, he “borrowed” funds from Bunz in the Oven to cover funeral expenses. Easily… Continue Reading

Dashing Through Non-Competes Christmas Style

Posted in Employment & Labor, Non-Competes

Wanting to expand out of North Dakota before the Christmas season, Homer’s Christmas Tree Farm picked Bubba’s Christmas Farm in the Texas Panhandle. Knowing that Bubba’s employee, Skeeter Jones, was critical to Bubba’s continuing success, Homer required Skeeter to sign a new employment contract complete with non-competition and non-solicitation provisions under North Dakota law. When… Continue Reading

Holiday Parties – Top 10 Tips to Avoid Holiday Hangups

Posted in Around the Holidays, Employment & Labor, Legal Risk Management

Wanting to avoid hang-ups at its annual firm holiday party, the law firm of Dewey Cheatham and Howe invited its employees, their spouses and dates, and offered everyone a complimentary Uber ride home. For those living too far away, they were offered an overnight hotel stay. Assuming that the free ride home was a license… Continue Reading

Hack Attack?

Posted in *Way Out - Advice, Employment & Labor, Legal Risk Management, Social Media & The Internet

Breathing a sigh of relief that he neither works for U.S. agencies requiring security clearances nor do his hiring policies require the details of mental illnesses, drug and alcohol use, past arrests, bankruptcies, Joe Hyre was oblivious to the ranting of Dez Grunteld, a whining employee who he fired last week. Over the weekend Dez… Continue Reading

Paying Child Support: Are Your New Hires Being Honest?

Posted in *Way Out - Advice, Criminal Law, Employment & Labor, Family Issues, Legal Risk Management, Money

Knowing that his old high school friend Iman Dedbeet had just been taken to the cleaners by his ex-wife Goldilocks in a nasty divorce, Johnny Clueless decided to help Iman out by hiring him as his general sales manager at Clueless Automotive. Johnny knew that Goldilocks got full custody of Dedbeet’s kids and that Dedbeet… Continue Reading

Avoiding Job Applicants who Smoke: Is Snuffing out Smokers Discrimination?

Posted in *Way Out - Advice, Employment & Labor, Legal Risk Management

Faced with increasing healthcare costs and wanting to be a good role model, Gus Grohcer of Canned Foods 4 Less advises all prospective employees that he does not hire smokers and tests for nicotine, making all job offers “contingent upon passing a pre-hire drug screen including nicotine test.” During the ninety day probationary period, Chimm… Continue Reading

Gimme a U-N-I-O-N!

Posted in *BTW - Noteworthy, Employment & Labor

Willa Bepayed is a standout attacker and a Senior on State Tech’s volleyball team. Willa read about Kan Doit, the Southeastern quarterback who’s leading the unionization drive before the National Labor Relations Board (NLRB). Like Kan, Willa Bepayed and her teammates also routinely spend 40 to 50 hours a week on volleyball – a full-time… Continue Reading

Whistleblowers, Do Tell?

Posted in *Way Out - Advice, Constitutional Rights & Issues, Employment & Labor, Money

Whizzle Blour, a professor of surgery at University Medical School, complained to his supervisor that trauma residents at University Hospital were treating and operating on patients without an attending physician’s supervision in violation of Medicare and Medicaid law.  After agreeing to settle those federal claims, University Hospital stripped Whizzle of his faculty chair position claiming… Continue Reading

Domain Names – Possession is 9/10ths of the Law

Posted in *Way Out - Advice, Employment & Labor, Money, Social Media & The Internet

As 2013 was winding down, the law firm of Dewey, Cheatum & Howe also known as www.BestLawfirmEver.com was calculating its partners’ year end distributions. Before the ink was dry, Dewey announced he was leaving, taking an associate AND the law firm website www.BestLawfirmEver.com. Cheatum and Howe were convinced that the domain name and the website… Continue Reading

Paying Elves and Interns!

Posted in *Way Out - Advice, Employment & Labor

‘Twas the week before Christmas when at the North Pole, Santa checked his throughput and moaned, “We’re in a hole!” “We’ll never get done, we’re far from ready, let’s get some interns – some students will do. Surely they’ll want to learn what elves can do!” “On Juniors and Seniors, Thetas, Lambda Chi’s, you’ll learn… Continue Reading

The Supreme Court Narrows the Definition of “Supervisor” – The Cat’s Meow for Corporations

Posted in *BTW - Noteworthy, Employment & Labor, Legal Risk Management

Ellen Tabby, an African-American, has worked for Binge and Purr, a cat food manufacturing company, for several years.  Tabby reports to Stephanie Schnauzer, who is white. Tabby and Schnauzer argue like cats and dogs. Tabby is convinced that Schnauzer’s poor attitude toward her is rooted in the fact that Tabby is African-American.   Although Schnauzer directs… Continue Reading

Rocky Mountain High: Can You Be Fired Even if You Legally Smoked Marijuana?

Posted in *BTW - Noteworthy, Criminal Law, Employment & Labor

Stressed out from her job as the manager of Brewed Awakening, a Houston-area coffee shop, Mary Jane Blunt heads to Colorado with her family for a well-deserved Spring Break ski vacation.  Blunt is excited to learn that Colorado recently legalized marijuana.  While on vacation, Blunt fully enjoys Colorado’s beautiful slopes and relaxed drug laws.  Responding… Continue Reading

Have Gun, Will Travel? [Part Two] – Owner’s Liability to Employees for Violent Acts

Posted in *BTW - Noteworthy, Constitutional Rights & Issues, Criminal Law, Employment & Labor

Last month Tilting pondered an owner’s liability to customers from violence at the midnight showing of “Paladin – the Gentleman Black Knight” – the remake. Patrons and employees alike were ambushed at the Orpheum Theater. According to news reports the Paladin look-alike bought a ticket. After the movie started he slipped out through an emergency… Continue Reading

You Have the Right to Vote MY WAY: Can Companies Influence their Employee’s Vote?

Posted in *Way Out - Advice, Around the Holidays, Constitutional Rights & Issues, Employment & Labor

Barack Romney owns a timber and building products business. Earlier this month he mailed his employees a packet suggesting that many of the company’s more than 50,000 U.S. employees and contractors may suffer consequences of higher gasoline prices, runaway inflation, and other ills if we elect a candidate who want to “spend money on subsidies,… Continue Reading

Coming Up Short: Is it the Height of Prejudice Not to Hire Short People?

Posted in *Way Out - Advice, Employment & Labor

Wanting to bolster attendance for his newly acquired and struggling Marfa baseball team, the Giants, Bick Benedict sent his scout team looking for someone who was extremely short. Bick settled on Jett Rink. Anticipating that Major League Baseball would reject Rink, Bick got the contract approved late on a Friday. When Jett stepped up to… Continue Reading

Immigration – In or Out?

Posted in *BTW - Noteworthy, Constitutional Rights & Issues, Employment & Labor

Sean D’Leer and Patty O’Door are the proud owners of STD Contractors, a heavy construction business in Texas. They are starting to see more large commercial development activity and are considering hiring more laborers to staff up for what they hope to be a sustained economic recovery. However, all of the recent news about immigration… Continue Reading

Collision Course – Are Football Players Also Employees?

Posted in *Weighing In - IMHO, Employment & Labor, Sports & The Outdoors

Conner “Big Hit” Carter retired from professional football 10 years ago after a highly acclaimed career. Big Hit’s punishing tackles earned him numerous pro bowl appearances as well as a hefty pay check and several head injuries. Recently, Big Hit has experienced Alzheimer’s-like symptoms including memory loss, depression and severe mood swings causing him to… Continue Reading