Posts Tagged ‘Michael J. Cork’

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…)

Zzzz… Don’t Fall Asleep During the Interactive Process

Thursday, February 20th, 2014

1por_Cork_Michael_JAuthor: Michael Cork (bio)

Phone: 317.464.1594

Email: [email protected]

Spurling v. C & M Fine Pack, Inc.

Recently, the United States District Court for the Northern District of Indiana, Fort Wayne Division, was reversed by the Seventh Circuit Court of Appeals in a case involving a narcoleptic employee, Kimberly Spurling.  The appellate court found that the district court erred in granting summary judgment to C & M Fine Pack in Spurling’s Americans with Disabilities Act claim.  Spurling alleged that C & M terminated her due to her narcolepsy without engaging her in the “interactive process” to determine if a “reasonable accommodation” existed that would allow Spurling to perform the essential functions of her job. (more…)

Donning and Doffing – U.S. Steel is Not Required to Pay Union Employees For It

Wednesday, January 29th, 2014

1por_Cork_Michael_JAuthor: Michael Cork (bio)

Phone: 317.464.1594

Email: [email protected]

On Monday, all nine members of the United States Supreme Court agreed that U.S. Steel is not required to pay its union employees for “donning” and “doffing”—which is nothing more than putting on and taking off clothes required for the workplace—including safety gear.  (more…)

Document, Document, Document When Disciplining or Terminating Employees

Tuesday, December 31st, 2013

1por_Cork_Michael_JAuthor: Michael Cork (bio)

Phone: 317.464.1594

Email: [email protected]

The recent case of Akerson v. Pritzker and U.S. Department of Commerce (D. Ma. November 4, 2013) reinforces the need for employers to document, document, document when it comes to decisions to discipline and terminate employees. The plaintiff, Akerson, was employed by the U.S. Department of Commerce.  The DOC apparently “knee-jerked” the termination of a disabled employee without adequate documentation.  (more…)

Indiana Supreme Court Opens Door on Vacation Pay?

Tuesday, August 27th, 2013

On July 16th of this year, the Indiana Supreme Court published its opinion in Commissioner of Labor on the Relation of Stephen R. Shofstall, Edward C. Posey, and Deborah N. Posey v. International Union of Painters and Allied Trades AFL–CIO, CLC District Council 91.  The court held for the first time that unions and other voluntary membership associations in Indiana must comply with Indiana law and the Indiana Wage Payment Statute regarding their employees.  But whether those employees are also elected officials makes a crucial difference. (more…)

D.C. Court of Appeals Strikes President’s Recess Appointments

Friday, February 8th, 2013

President Obama recently met some resistance with the recess appointments he made to the National Labor Relations Board (NLRB) and to the Consumer Financial Protection Bureau (CFPB).  On January 4th, a unanimous three-judge panel of the D.C. Circuit struck the so-called “recess” appointments. (more…)

Welcome Back! In Compliance with USERRA, You Are Reinstated to the Position of “Terminated.” (Wait – What?!)

Thursday, February 7th, 2013

In December of last year, the 8th Circuit Court of Appeals held that the reinstatement requirement under the Uniformed Services Employment and Reemployment Rights Act (USERRA) may be satisfied by terminating the employee’s employment—if that is the position the employee would have held if he or she remained continuously employed.  (more…)