employment law

Seminar: Human Resource Law From Start to Finish

On October 29, 2015, in Omaha, Nebraska, Kevin McManaman and Jeanelle Lust of the Knudsen Law Firm and authors of the Nebraska Human Resources Library will be presenting multiple topics related to employment law at the NBI Seminar titled Human Resource Law from Start to Finish. Mr. McManaman will be presenting about Employee Handbooks […]

No “Reasonable Dispute” Defense in Wage Claims

The Nebraska Wage Payment and Collection Act (Neb. Rev. Stat. §§ 48-1228 -48-1234) provides that an employee has a wage claim, when wages are earned but not paid within thirty days of the regular payday designated. Wages include compensation for labor or services rendered, fringe benefits and unused vacation. The amount can be determined by time, fee, […]

Knudsen Lawyers win favorable ruling at the Nebraska Supreme Court

Attorneys of Knudsen, Berkheimer, Richardson & Endacott, LLP have successfully appealed the denial of their client’s motion to compel arbitration arising out of an employment agreement. As urged by the Knudsen Lawyers, the Nebraska Supreme Court ruled that the district court erred as a matter of law when it failed to determine the […]

Handbook Compliance with Affordable Care Act

Employers should regularly review their plan documents, summary plan descriptions, and other documents to ensure consistency with the ever-changing Affordable Care Act. If the employee handbook contains compensation and benefit information, the handbook language also must be regularly revised to reflect the Act’s mandates and policy changes.

For instance, handbooks often specify whether the […]

FMLA now recognizes marriage based on place of celebration

Effective March 27, 2015, the definition of “spouse” under the Family Medical Leave Act (FMLA) will include legal same-sex and common-law marriages, as long as the couple were legally married in the state where the marriage was entered into. Previously, the regulatory definition of spouse only allowed people to take leave to care for […]

Post Shift Security Screenings Not Compensable

The United States Supreme Court has ruled that the time spent waiting to undergo end of shift security screenings are not compensable under the Fair Labor Standards Act (FLSA). Under the FLSA an activity is compensable if the activity is integral and indispensable to the principal activities that the employee is hired to perform.  The Court stated that for the […]

Nebraska Legislature – Proposed Bills Could Affect Employers Withholding Wages

Two Nebraska bills have been proposed which would hold employers more accountable for withholding employee wages and provide employees with more protection. The Business and Labor Committee held hearings on LB 177 and LB 560 on February 4 and has not yet taken further action.
Senator Jim Smith introduced LB 177 which proposes to allow […]

By |February 8th, 2013|News|0 Comments

Can an Employee be Disciplined for Engaging in Political Speech in the Workplace?

Election season will be in full swing in a few short months, as in any election, there is a strong possibility that the contentious world of politics may spill into the work place.  If this happens, most of the time, it will likely be harmless banter among employees.  However, there is always the risk […]

Supreme Court: Pharmaceutical Companies Are Not Required To Pay Sales Reps Overtime

In Christopher v. SmithKline Beecham Corp., the Supreme Court held that the Fair Labor Standards Act (“FLSA”) exempts pharmaceutical companies from having to pay overtime wages to sales reps.
At issue was whether or not pharmaceutical reps are deemed “outside salesmen”.  If not, the reps would be entitled to overtime pay when they work over […]

New Nebraska Employee Reference Protections

Nebraska recently signed into law LB959, a bill that lets employers share more information to prospective employers about current and former employees with less threat of legal liability.  In a nutshell, employers will be given a rebuttable presumption of good faith when they follow the law’s specific requirements.  Employers should learn the new law’s […]