Posts Tagged ‘Michael J. Cork’

DOL Issues Final Rule On FLSA Overtime Exemptions

Wednesday, May 18th, 2016

1por_Cork_Michael_J

Author: Michael Cork (bio)

Phone: 317.464.1594

Email: [email protected]

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Author: Cory A. Kuhlenschmidt (bio)

Phone: 812.452.3516

Email: [email protected]

On May 18, 2016, the Department of Labor announced its Final Rule regarding updates to overtime exemptions for the “white-collar” exemptions under the Fair Labor Standards Act. (more…)

Managerial Miscues and Multiple Claims of Discrimination a/k/a This Is Not Your Personal Candy Store

Thursday, February 4th, 2016

1por_Cork_Michael_JAuthor: Michael Cork (bio)

Phone: 317.464.1594

Email: [email protected]

My 30+ years of employment practice has always involved representing individual employees, as well as employers. (Not at the same time, of course.) I find the exposure to both plaintiffs and defendants gives me a better perspective for the opposing party’s position.  My experience overall has made me generally suspicious of discrimination claims alleging multiple categories of discrimination. For example, a complaint by one individual of claims based on age, race, sex, and marital status, makes me suspect that the multiple claims are brought for shock value, are unsupported by the facts, and will likely wilt under close examination. But not always. A close examination of the facts is crucial–especially at the intake phase. (more…)

United Steel Workers Announces Settlement with Indiana University Health

Thursday, October 1st, 2015

1por_Cork_Michael_JAuthor: Michael Cork (bio)

Phone: 317.464.1594

Email: [email protected]

In January of this year, nurses Lacie Little and Heather Bragg began an effort to unionize the nurses at IU Health, Methodist, and Riley Hospital for Children. Little and Bragg were part of a group of 70 nurses interested in forming a union with the help of the United Steel Workers (USW). Reports indicate there are approximately 1,500 nurses at Methodist, 1,000 at Riley Hospital for Children, and 730 at IU Health’s University Hospital. The level of interest is unknown presently, but the organizers were trying to get at least two-thirds of the nurses at each of IU Health’s three downtown hospitals to sign a petition in favor of organizing. All three hospitals are located a short distance from each other, in downtown Indianapolis. (more…)

Will Supreme Court Ruling Dismantle Health Care Reform Law?

Thursday, August 13th, 2015

1por_Cork_Michael_JAuthor: Michael Cork (bio)

Phone: 317.464.1594

Email: [email protected]

Due to a federal circuit court split, the fate of two important foundations of the Affordable Care Act (ACA), making insurance more affordable and requiring certain employers to provide insurance, is in the hands of the United States Supreme Court. (more…)

Employees on Legal Prescription Medication Are Entitled to Protection Under the ADA

Tuesday, July 28th, 2015

1por_Cork_Michael_JAuthor: Michael Cork (bio)

Phone: 317.464.1594

Email: [email protected]

This suit – Bates v. Dura Automotive Systems, Inc. – by former employees of Dura Automotive Systems, Inc. (“Dura”), at its Lawrenceburg, Tennessee manufacturing facility—highlights the pitfalls inherent in drug tests for legally-prescribed drugs. (more…)

Are Your Annual Performance Evaluations Meeting Expectations, Sapping Morale, or Simply Making Your Employees Anxious?

Thursday, July 16th, 2015

1por_Cork_Michael_JAuthor: Michael Cork (bio)

Phone: 317.464.1594

Email: [email protected]

The Wall Street Journal recently reported that  companies including, Gap, Inc., Adobe Systems, Inc., and Microsoft Corp. have abolished the age-old ratings scales based on labels like, “meets expectations,” “exceeds expectations,” or “needs improvement.” See “The Trouble With Grading Employees,” by Rachel Feintzeig; The Wall Street Journal, April 21, 2015. These companies decided that the evaluations with grading scales deterred collaboration and increased employees’ anxieties. Other employers find it difficult to let go of these labels. Some Human Resources professionals worry about an environment where all the employees “consistently exceed expectations.” (more…)

NLRB Makes it Possible for Employees to “Cuss Out” Their Supervisors — Even in Front of Customers — and Keep Their Jobs

Tuesday, December 9th, 2014

1por_Cork_Michael_JAuthor: Michael Cork (bio)

Phone: 317.464.1594

Email: [email protected]

The NLRB is making it more and more difficult for employers to maintain the decorum of their workplace—both for workers and customers. Two examples follow: (more…)

Looking At Women’s Bodies All Day – It’s a BFOQ

Thursday, October 23rd, 2014

1por_Cork_Michael_JAuthor: Michael Cork (bio)

Phone: 317.464.1594

Email: [email protected]

The founder of a company valued at over one billion dollars admits to looking at women’s backsides each day. And the executive is quick to add that the human resources department doesn’t care.  Not many CEOs can say that with a straight face.  But in this case the speaker is the founder of Spanx, Sara Blakely.  Most women will recognize Spanx as the proprietary slimming version of pantyhose, designed to lie smoothly under pants.  In a recent interview, Blakely claimed that she created Spanx because she did not like how her posterior looked in white pants.  But I digress. (more…)

IRS Revenue Ruling: Automatic Gratuities Are Wages, Not Tips

Tuesday, August 19th, 2014

1por_Cork_Michael_JAuthor: Michael Cork (bio)

Phone: 317.464.1594

Email: [email protected]

When was the last time you went to a restaurant that added an automatic gratuity of 15 to 20 percent to bills of large parties—say eight or larger? The restaurants want to ensure that their employees are compensated adequately for their work. Unfortunately, some patrons find it hard to add another 20% on an already hefty tab. But in light of a recent revenue ruling, the automatic gratuity has hidden consequences. (more…)

Two-Way Media, LLC v. AT&T Operations, Inc. – Failure to Read Your Mail Is Not Excusable Neglect

Tuesday, May 13th, 2014

1por_Cork_Michael_JAuthor: Michael Cork (bio)

Phone: 317.464.1594

Email: [email protected]

After suffering a $40,000,000 judgment at trial, multiple attorneys and paralegals from two different defense firms missed the deadline for an appeal.  And they missed it in a “jaw-dropping” fashion.  The court denied defense counsel’s motion for more time based on “excusable neglect.” (more…)