Searching Content by Ariel D. Fenster ordered by Published Date Descending.
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Holy Smoke! Health Care Employers Must Abate Surgical Smoke Hazards In The Operating Room
Smoke produced during surgical procedures is carcinogenic and can carry pathogens.
United States
27 May 2019
SCOTUS Puts The Brakes On Arbitration: Contract Drivers Engaged In Interstate Commerce Can Litigate In Court
Arbitration of employment claims continues to be a hot topic at the Supreme Court.
United States
22 Jan 2019
The 10th Circuit Massaged The Idea Of Whether Student-Trainees Were Employees Under The FLSA
Seyfarth Synopsis: Courts across the country have frequently weighed in on the unpaid interns/ trainees versus paid employee debate.
United States
3 Dec 2018
The Eleventh Circuit Affirmed It Was Not A "Crime" To Not Compensate For Dressing And Drive Time
The Eleventh Circuit recently affirmed the district court's grant of summary judgment to two Florida counties in an action brought against former sheriff deputies under the Fair Labor Standards Act...
United States
17 Jul 2018
Party On! The 11th Circuit Holds Filing A Written Consent Is Enough For Opt-In Plaintiffs To Achieve Party Status
In a first impression case, the Eleventh Circuit held that an "opt-in" plaintiff is only required to file a written consent to become a party-plaintiff in a collective action ...
United States
27 Apr 2018
Fixed Salaries, Fluctuating Hours, And Beyond: A Federal Court Addresses Common Questions About The Fluctuating Work Week Method Of Compensation
A recent decision by the Southern District of New York clarifies common questions arising from the use of the fixed salary for a fluctuating workweek method of compensation (the "FWW"):
United States
9 Mar 2018
"A Telecommute Dispute" – What Is A Reasonable Accommodation Under The ADA?
The Sixth Circuit Court of Appeals recently held that telecommuting can be a reasonable accommodation under the ADA when the employee is able to perform the essential functions...
United States
5 Mar 2018
Texts From Your Ex? Not So Fast- Make Sure To Preserve Your Evidence
A case out of the District of Oregon recently dismissed a Plaintiff's sexual harassment and retaliation claims where the allegations relied on manufactured text messages that Plaintiff failed to produce.
United States
14 Feb 2018
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