Michael Miller

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Not necessarily – a recent decision from the Eighth Circuit Court of Appeals illustrates that employees may qualify for the executive exemption under the Fair Labor Standards Act (FLSA) even if they do not have final authority over hiring and firing decisions.
In Garrison v. ConAgra Foods Packaged Foods, LLC, the issue before the…

The NFL’s 2014 punishment of Adrian Peterson has been a rollercoaster ride.  After a district court vacated the punishment, the Eighth Circuit Court of Appeals has now reinstated it.
The NFL suspended Peterson and fined him the equivalent of six games worth of pay after he entered a plea of no contest in November 2014…

When an employer purchases another company or facility with a workforce covered by a collective bargaining agreement, it should pay careful attention to whether it is either a “successor employer” or a “perfectly clear successor employer” under the National Labor Relations Act (NLRA).  Here’s what employers need to know about these two different statuses:
Successor …

There are four problematic behaviors, which employers should avoid to stay in compliance with the National Labor Relations Act (NLRA).  These behaviors are commonly abbreviated as T.I.P.S. and consist of the following:

  • Threats: Employers may violate the NLRA if they make threats against employees who support unions or unionization efforts.  Impermissible threats may take a

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No – the U.S. Supreme Court recently held that a defendant need not obtain a favorable ruling on the merits to recover attorneys’ fees under Title VII.
Title VII provides that district court has discretion to award a “prevailing party” reasonable attorneys’ fees and costs in litigation arising under the statute.  42 U.S.C. §…

Yesterday, former Fox News TV host, Gretchen Carlson, filed a sexual harassment lawsuit against Roger Ailes, the CEO of Fox News.  The allegations in the lawsuit serve as a roadmap of the kinds of behavior to avoid in the workplace.  Here are five lessons about what not to do in the workplace that can be…