Money money money: Litigating employment disputes is expensive

Money In Law

Over the years, I have been involved in numerous lawsuits resulting from employment disputes, be they allegations relating to pregnancy discrimination, Title VII, ADA and FMLA.  I have spoken and written that litigation can be very expensive.  Recently, the Dothan Eagle reported that City Commissioners in Dothan, Alabama, were “frustrated” by high legal expenses inRead More

Jail time for restaurant owners hiring undocumented aliens and violating FLSA

Behind bars icon

Although unusual, it does happen.  In Akron, Ohio, the owner of a restaurant and his wife were convicted and sentenced to jail time for hiring undocumented workers, paying them less than minimum wage and failing to pay them overtime. The allegations also including paying workers in cash, not placing them on payroll records, leasing housingRead More

New overtime regulations coming soon: Another nightmare for employers

Objects - Time And Money

Last year, President Obama ordered the Department of Labor (DOL) to “update” and “simplify” the existing regulations governing overtime and the classification of exempt and non-exempt employees.  Recently, Secretary of Labor Thomas Perez published a blog post stating, in part, “We’ve worked diligently over the last year to develop a proposed rule that answers theRead More

NLRB training on quickie election rules


On Tuesday, April 14, I attended a training session presented by Chip Harrell, NLRB’s Region 10 Regional Director.  Let me start by highlighting 3 things said by representatives of the NLRB at the session: The NLRB was “not celebrating, but introducing” the new rules. Union elections will be a “brave new world”. If the electionsRead More

On the 11th day, NLRB created unions: Quickie elections are upon us


On February 9, 2015, I wrote about the upcoming “Quickie Elections” for unions.  The National Labor Relations Board (NLRB) issued 733 pages of rules, which are to take effect on April 14, 2015.  Although you may have heard that Congress passed a resolution setting aside these rules, President Obama vetoed that resolution on March 31st. Read More

Social media:  Freedom of speech, but not freedom from consequences

Social Media Network

I have often said that individuals have freedom of speech, but not freedom from the consequences of that free speech.  In the employment world, that is especially true.  A number of years ago, an employee from Birmingham flew to Memphis to meet with a client.  When he landed, he tweeted a very negative impression ofRead More

Tip-sharing lawsuit in Birmingham allegedly settled

Glass Jar for Tips with Coins and Bills

According to, a lawsuit filed in January against a Hooters restaurant in Birmingham has been resolved, pending court approval.  The lawsuit was filed on behalf of four current or former employees, all females, alleging that they were required to participate in an invalid tip pool that included non-tipped employees.  This activity allegedly resulted inRead More

Social media policies: Why every employer needs one

Social Media Sign

Over the past several weeks, you may have read about the murder of a young girl in Birmingham at a fight that was arranged through Facebook; or the fight in Birmingham’s Railroad Park that was posted on Facebook; or the fight in Green County at a school bus stop where shots were fired that wasRead More