Category Archives: General

DMi – Change is Coming

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It is with great pleasure and excitement that I welcome you into the New Year on behalf of the Duane Morris Institute. This year is our 5th anniversary, and we’re excited to announce that we are beginning 2014 with a strengthened commitment to empowering your leadership.

In the coming months, you’ll notice a new, modern aesthetic rolling out across our organization. You’ve come to expect current, valuable, and relevant education from DMi, and we’re updating our look to reflect that. But, beyond the modern appearance, the new look reflects the deeper changes we’re making as an organization. Continue reading DMi – Change is Coming →

Same Sex Spousal Benefits

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You have an employee who work in Texas, one of the 32 states that does not recognize same sex marriage. The employee  resides in New Mexico, one of 18 states that recognizes same sex marriage. The employee was married to a person of the same sex in California.

For purposes of determining the employee’s spouse’s eligibility for benefits, do we look at: Continue reading Same Sex Spousal Benefits →

Give Me a Break

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I am pleased to share with you my latest article written for SHRM’s HR Magazine.

Legal Trends
Give Me a Break
Vol. 58 No. 12
Know the rules for different kinds of work breaks.
12/1/2013

There’s no taking a breather from the requirements of the Fair Labor Standards Act (FLSA). Some of its most arcane requirements pertain, in fact, to breaks. Got all of those rules memorized? What about your managers—do they remember the rules? Probably not, if it’s been more than a year since your last FLSA training. No, it’s not required, but it’s the best way to reduce your potential (and realized) liabilities. So get out a pen and paper—it’s time for a refresher on the FLSA. Continue reading Give Me a Break →

Forget the Fockers: Meet the Stored Communications Act

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By way of legal background, the Electronic Communications Privacy Act (“ECPA”), enacted in 1986, is comprised of two statutes:  the Wiretap Act and the Stored Communications Act.  Historically, most litigation arising under the ECPA has involved the Wiretap Act, that is, where there are “interceptions” of wire, audio or aural communications (for example, listening to an employee’s phone call).

However, with the social media revolution, the Stored Communications Act (“SCA”) now is coming into play.  Generally speaking, in the employment context, the SCA makes it unlawful for an employer to have unauthorized access to an employee’s private social media sites. Continue reading Forget the Fockers: Meet the Stored Communications Act →