DOL Brief Argues Against Injunction

By Bill Wright As we all know, a federal judge blocked the Final Rule from the Department of Labor (“DOL”) that would have roughly doubled the salary threshold for executive, administrative and professional exempt employees.  Now, the DOL has filed its appellate brief, looking to overturn that injunction. The DOL’s arguments are predictable.  Although the […]

Succession Planning Not Discriminatory

By Bill Wright A federal district court has ruled that instructing an HR Director to “adapt to bring out the best in our new and younger employees” was not evidence of age-based harassment. Vontlintel v. Eagle Comm., Inc. No. 5:14-cv-04125-KHV (D. Kan. December 9, 2016). The company had engaged in succession planning and, in that context, […]

DOL Worm About to Turn

By John Alan Doran President-Elect Trump continued on his streak of appointing controversial cabinet members today when he announced Andrew Puzder as his choice to head the DOL. Mr. Puzder’s name may be familiar to those of you who crave charcoal-broiled fast food. He is the CEO of Hardee’s and Carl’s Jr.  He is also an extremely […]

SCOTUS Says “Break The Seal”

By John Alan Doran It’s the holiday season, replete with booze-rich holiday parties and admonitions not to “break the seal” too early during a party. Rest easy, as the Supreme Court held today it’s okay to break the seal…at least in the context of the False Claims Act (“FCA”). State Farm Fire & Cas. Co. […]