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Are Employers Liable for Intentionally Harmful Acts by Their Employees?

Unlike cases involving employee negligence, liability is not automatically imputed to the employer for intentional or willful employee conduct. However, the employer can still be liable if its own negligent acts put the employee in a position to do harm.

Four Myths of the Hobby Lobby Decision: Separating Fact from Fiction

In the wake of all of the hype, misinformation abounds concerning what the decision means for employers and their obligations under the Affordable Care Act. Rachel VanNortwick Barlotta with Baker Donelson dispels some of the common misperceptions about the ruling.

California Supreme Court Splits From Federal Law on Commissioned Employee Exemption Compliance

Employers should consider restructuring their commission programs in light of a recent California Supreme Court decision requiring that employees are assured of receiving 1.5 times minimum wage in every bi-monthly paycheck.

FLSA Per Diem Claims On The Rise

Employers making “per diem” payments should immediately review their practices under the FLSA, as the Labor Department has determined a non-exempt employee’s FLSA overtime compensation must be based upon his or her “regular rate” of pay, which may go beyond stated hourly rate to include all “remuneration for employment” that is not otherwise excludable from the regular rate.