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Employment - Overtime Rule to Be Finalized in July 2016
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • December 9 2015

In August 2015, we reported that the U.S. Department of Labor ("DOL") issued a Proposed Rule that seeks to increase the salary level required before


EEOC sues construction company for religious discrimination
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • February 15 2010

On Thursday, February 11, 2010, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that it had filed a lawsuit against T.A. Loving Company (a North Carolina based construction company) for denying a religious accommodation to several employees and then later firing them because of their religion


There is no such thing as FMLA light duty
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • March 6 2013

Recently, the U.S. Court of Appeals for the 7th Circuit affirmed summary judgment for the employer in a case where an employee filed suit contending


Company and its officers sued for unpaid wages
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • November 12 2012

Recently, the U.S. Department of Labor sued a New Hampshire painting and construction company and its president, vice-president and treasurer in their individual capacities to recover unpaid wages and liquidated damages for 57 employees


FMLA: caring for an adult child
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • July 8 2014

Recently, the United States Court of Appeals for the Seventh Circuit reminded us that the Family and Medical Leave Act ("FMLA") provides eligible


Failure to pay overtime poor record retention lawsuit
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • September 13 2010

As the economy continues to struggle, many current and former non-exempt (hourly) employees are paying closer attention to their wages and wondering whether they have been paid correctly for all hours worked


Company pays $55,000 to settle sexual harassment lawsuit
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • August 2 2010

Recently, the US Equal Employment Opportunity Commission ("EEOC") announced that Trinity Products, Inc ("Trinity"), a manufacturer of billboards and signposts, agreed to pay $55,000 to settle a sexual harassment and retaliation lawsuit filed by the EEOC


Supreme Court rules some third-parties can sue for retaliation under Title VII
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • February 7 2011

On Monday, January 24, 2011, the United States Supreme Court (the "Court") reversed an en banc 10-to-6 decision of the Sixth Circuit Court of Appeals that held that because a third-party did not "engage in any statutorily protected activity either on his own behalf or on behalf of his fiancée, he was "not included in the class of persons for whom Congress created a retaliation cause of action."


Don’t breach your 401(k) plan fiduciary duty
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • November 8 2011

On November 1, 2011, the U.S. Department of Labor (“DOL”) announced that, pursuant to a consent judgment and order filed in the U.S. District Court for the Central District of California’s Southern Division, the former CEO and CFO of an East Los Angeles community hospital were ordered to repay over $600,000, plus post judgment interest, to the hospital’s retirement saving plan


Have you managed and eliminated the risk of an overtime lawsuit?
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • June 24 2011

Are a company’s independent contractors really employees?