employment law

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Employment Handbooks and Policies in the 21st Century

Kevin McManaman recently presented "Employment Handbooks and Policies in the 21st Century" at the 2015 State and Federal Employment & Labor Laws Workshop sponsored by the Nebraska State Chamber of Commerce and Industry. This comprehensive seminar focused on many aspects of employer-employee relationships before, during and after employment, with explanations of key responsibilities, forms, reports, [...]

September 17th, 2015|Uncategorized|

Overtime Wages Claims

The Fair Labor Standards Act (FLSA) requires employers to pay overtime wages to employees, who are eligible for such wages. Not all employees are entitled to overtime pay because the FLSA provides exemptions. Whether an employee is exempt or nonexempt usually depends on 1) how much the employee is paid, 2) how the employee is paid and 3) the type of [...]

September 16th, 2015|News, Retweetable|

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 and [...]

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, commission [...]

July 10th, 2015|Uncategorized|

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 arbitration provision [...]

March 23rd, 2015|Uncategorized|

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 healthcare [...]

March 13th, 2015|News|

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 a [...]

March 13th, 2015|News, Uncategorized|

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 activity [...]

December 12th, 2014|News, Retweetable|