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 arbitration provision [...]
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 healthcare [...]
Nebraska Employers should be aware that the 2014 Nebraska Unicameral Business and Labor Committee has advanced LB560 for "Enrollment and Review for Engrossment." The bill would significantly alter the Nebraska Wage Payment and Collection Act, addressing wage theft, mandating new wage itemization, and authorizing investigations with penalties. If passed suspected wage theft could result in [...]
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 that things [...]
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 40 [...]
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 requirements, [...]
The Supreme Court unanimously ruled that a school teacher who was trained in theology, directed prayer services, and taught religion classes in addition to secular classes could be terminated from employment after missing work due to a disability because of the "ministerial exception" to the Americans with Disabilities Act. Perich was employed as a "called" [...]