Recent Posts

Department of Labor’s Change of Stance On Mortgage-Loan Officers Upheld

In 1999 and 2001, the United States Department of Labor’s Wage and Hour Division issued letters opining that mortgage-loan officers do not qualify for the administrative exemption to overtime pay requirements under the Fair Labor Standards Act. In 2004, the Department issued new regulations regarding Read More …

EEOC v. Kohl’s – How Employees Should Not Act During the Interactive Process

Pamela Manning was working at a sales associate for Kohl’s Department Stores, Inc. in January 2010 at which time Kohl’s underwent a nationwide restructuring that resulted in her schedule changing from predicable shifts to unpredictable shifts, such as “swing shifts” where she would close the Read More …

Hiring of Replacement Is Adverse Employment Action for FMLA Purposes

In Budhun v. Reading Hospital and Medical Center, one of the issues before the United States Court of Appeals for the Third Circuit was whether Ms. Budhun suffered an adverse employment action. This is an oft-litigated issue in Family and Medical Leave Act cases as Read More …