Most of the age discrimination cases I defend on behalf of companies are of the indirect evidence variety. Rarely do I come across a direct evidence case. But it appears that courts are expanding direct evidence of age discrimination into areas historically occupied by indirect evidence. In Missouri, a septuagenarian alleged he was fired because…

Timing and the number of former employees hired into a successor company is critical to determining whether a successor company must live under the strict confines of an existing collective bargaining agreement or have the opportunity to negotiate a union contract specific to the successor company. Under labor law, a successor employer is generally free…

If you remember, we discussed double breasting in October, and I ended that blog post with making sure you seek competent legal advice if you want to set up a double breasted operation. This case proves my point. Two brothers owned a floor installation business that employed union installers. Because of competition from non-union competitors,…

For those not paying attention, HIPAA was updated several months ago and the deadline for compliance was September 23, 2014. The new HIPAA regulations do not fundamentally change the HIPAA compliance obligations for employers who sponsor HIPAA-covered plans (self-insured group health, dental, vision, pharmacy benefits, and long-term care plans; health care reimbursement flexible spending accounts;…

IRS guidance clarifies annual information reporting requirements for insurers and employers under the Affordable Care Act (ObamaCare). The required reporting enables the IRS to determine compliance with the employer and individual mandates and individual eligibility for premium tax credits under ObamaCare. Beginning in 2014, individuals must generally maintain minimum essential coverage or pay an individual…

Why do so many of the Facebook firing cases occur in the ambulance industry? Oddly, I represent many ambulance companies and none of them have ever encountered a Facebook firing situation that I am aware of. In Butler Medical Transport, LLC, two employees were terminated for posting comments on Facebook. One suggested to a former…