Is Your Employer Cheating You On The Time Clock? Clue #3: Changing Time Records

Please read Clue #1 first.  This clue does not repeat the situations illustrating the differences that arise because of pay rates close to the minimum wage, or the differences between overtime/and no-overtime claims. Clue #3.  You punch a time clock, and your time is captured by a computer that calculates your hours and your pay.  However, you think you worked longer hours than the company’s time records show. One Important Fact:  It is a crime under Federal law, and under many State laws, to alter an employee’s time records to deprive the employee of the pay to which he or she is entitled. Another Important Fact: It is perfectly legal for employers to “round up” and “round down” time on time clocks if they do so in a neutral manner, benefiting the employee sometimes and the employer sometimes, and by similar but small amounts. Example 1: Helen routinely clocks in…
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What Does It Mean to Be an “At Will” Employee?

“At will” is a legal phrase that means the employer has the right to fire an employee at any time, for any reason, including a senseless, mean, spiteful, or arbitrary reason, as long as the reason is not unlawful. An “at will” employment can be ended at the will of either the employer or the employee. An employment contract that has no definite duration, and that has no limitation on the employer’s ability to fire the employee, is normally “at will.” Continue reading

Richard Seymour Spoke On Evidence In Employment Cases As Part Of An Ali-aba Conference

Richard Seymour spoke on December 5, 2008, on Evidence in employment cases, at an ALI-ABA conference in Washington, D.C., sponsored by the American Law Institute and American Bar Association.

What is the Proper Role for Dispositive Motions in Arbitration?

To achieve speedy resolutions, and to resolve matters as cost-effectively as possible, arbitrators should be careful in allowing the filing of dispositive motions. They make sense for gateway issues, but not for issues going to the substance of the merits. Allowing such motions generally would lengthen the time required to resolve cases, and multiply discovery to the magnitude needed in Federal courts. When trials are held on affidavits, the parties need a lot of depositions because that may be their only opportunity to examine the other sides’ witnesses. Ruling out trials by affidavits in the bulk of cases allows the promise of arbitration–faster, cheaper and fair resolutions–to be realized. Parties need to know at the outset what will and will not be allowed, so they that can cut their discovery needs. Continue reading