Eighth Circuit holds plaintiffs must provide evidence of actual damages even when employer doesn't keep accurate time records *

USA - April 29 2013
In Carmody v. Kansas City Board of Police Commissioners, the Eighth Circuit Court of Appeals addressed the standard of proof in a wage and hour case…

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Fourth Circuit joins courts limiting employers' use of the Computer Fraud and Abuse Act to prosecute disloyal employees *

USA - August 6 2012
The federal Computer Fraud and Abuse Act (CFAA) allows an employer to bring a civil action against an employee who accesses the employer's computers "without authorization" or in a manner that "exceeds authorized access."

Co-authors: Nina K. Markey.

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Fourth Circuit joins courts limiting use of Computer Fraud and Abuse Act to prosecute disloyal employee *

USA - August 2 2012
Although the Computer Fraud and Abuse Act is primarily a criminal statute designed to combat hacking, it allows an employer to bring a civil action against an employee who accesses the employer’s computers “without authorization” or in a manner that “exceeds authorized access”.

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The Third Circuit sets forth new test for joint-employer status under the FLSA *

USA - July 12 2012
The Third Circuit recently elaborated on the test for joint-employer status under the Fair Labor Standards Act in the context of a parent company providing shared services to its subsidiaries in In re: Enterprise Rent-a-Car Wage & Hour Employment Practices Litigation, 2012 U.S. App. LEXIS 13229 (3d Cir. June 28, 2012).

Co-authors: Martha J. Keon.

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Michigan Federal Court limits use of Computer Fraud and Abuse Act to prosecute disloyal employee *

USA - June 12 2012
The Computer Fraud and Abuse Act prohibits (among other things) an employee from accessing an employer’s computers “without authorization” or in a manner that “exceeds authorized access.” 

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