In Confidence   
                       December 6, 2013
Should You Be Paying Overtime to Your Salaried Employees?


Small to mid-size business owners are usually "real people" trying to do the right thing for their employees.  With a small workforce, management/owners often know and work closely with their employees, with daily interactions.   A reasonable weekly salary may be the norm, with flexibility for "comp time" when the demands of the business have resulted in an employee working extra hours during a busy period.  Near the yearend holidays, a bonus might be distributed reflecting a "good year" for the business.  A cost of living and merit raise follows on January 1.   All is well, right?   Not necessarily.


Lurking just below the surface of this contented workplace is a potential blockbuster legal problem - a violation of the Fair Labor Standards Act ("FLSA") for failure to pay overtime compensation for work performed over 40 hours in a week.  >>Click Here to Read More<<

HR 101: What Not to Write in Personnel File After Employee Files EEOC Complaint

The human resources manager for the defendant in the recent Texas Court of Appeals case of A&L Industrial Services, Inc. v. Oatis, apparently never took this course.  Largely because of his actions, the plaintiffs-former employees who were terminated-were able to convince a jury not only that they were retaliated against for complaining about discrimination, but also that they were entitled to punitive damages.  What is somewhat surprising is that the appellate court upheld these findings in spite of the fact that the plaintiffs failed to prove their underlying discrimination claim.


When investigating pre-suit allegations of discrimination, we always remind our clients not to take any action against the complaining employee that could be construed as retaliation.  We often explain how it is possible for an employee to have a meritless claim of discrimination, but a valid claim of retaliation.  This case is but one example of how that can be.>>Click Here to Find Out Where the HR Manager Went Wrong<<


About Our Law Firm

We are a full service law firm based in Rochester, New York, and have been providing quality legal services to businesses and individuals since 1979. With over a dozen attorneys and a full paralegal and support staff, the firm is large enough to provide the necessary expertise in a broad range of practice areas, yet small enough to allow us to devote prompt, personal attention to our clients.

Our clients are diverse. They include individuals, numerous manufacturing and service industry businesses, local governments and health care professionals and provider groups, facilities and associations.  Although many of our clients are located throughout Upstate New York, we also represent clients in Downstate New York and New England.   We also serve as local counsel to a number of out-of-state clients and their attorneys who have litigation pending in Western New York courts.
McConville Considine Cooman & Morin, P.C.
The Historic Talman Building 
25 East Main Street
Rochester, New York 14614
(585) 546-2500
Fax (585) 546-7218

This newsletter is intended as an information source for the clients and friends of McConville, Considine, Cooman & Morin, P.C. and constitutes attorney advertising.  The content should not be considered as legal advice, and readers should not act upon information in this publication without individualized professional counsel. 

Copyright 2013 McConville, Considine, Cooman & Morin, P.C.
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