Calculating FMLA Leave: What Employers Need to Know

The Family Medical and Leave Act (FMLA) provides job security to employees who require time away from work due to illness or the need to care for family. By some accounts, the FMLA is one of the most difficult employment laws for an employer to administer and therefore is a risk management “legal labyrinth.” In particular, the seemingly simple task of calculating the duration of FMLA leave can be daunting.

Under the FMLA an “eligible” employee may take up to 12 weeks of leave …

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Attorneys: Don’t be Michael Scott

There’s a great scene from the Office when Michael Scott continues to blindly follow his obviously incorrect GPS device until he has driven his car into a lake. Don’t be Michael Scott. There are times when an attorney must stop and question the client when the representation reaches an uncomfortable level or the attorney suspects wrongdoing.

We’ve previously discussed the allocation of authority between attorney and client. A more recent example of attorney misconduct highlights the potential for ethical ramifications when an attorney blindly relies …

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Are Deposition Breaks Privileged?

Attorneys should proceed with caution when consulting with a client during deposition breaks. Whether it be a hospitality break, for lunch, or for an overnight adjournment, there is room for trouble when a client and attorney discuss aspects of an ongoing deposition. Depending on the jurisdiction, communication between attorney and client may not be considered privileged and may be fodder for deposition questioning.

One of the more oft-cited cases on the topic of client consultation during deposition breaks is Hall v. Clifton Precision, 150 …

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Gaga’s Overtime Problem

Would you pay attention if we told you that Stefani Germanotta allegedly failed to pay her assistant over $375,000 in overtime pay? What if we told you Stefani Germanotta usually goes by “Lada Gaga”? Reportedly, the uber-famous singer reached a settlement in the 2011 FLSA lawsuit filed by her former personal assistant. The lawsuit serves as a reminder to employers of all sizes that unless their employees meet the requirements of the administrative exemption test, they must be paid overtime under the Fair Labor Standards …

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Who’s the Boss: Attorney or Client?

Communication is a key to a healthy attorney-client relationship. Client input is critical for the attorney to develop an understanding of the underlying events and the client’s goals. However, when it comes to litigation strategy, the attorney must tread carefully when the client disagrees with the suggested approach. In this scenario, who’s the boss? By one account, the “scope of representation” is one of the “thorniest issues involved in legal practice” yet it is widely misunderstood. Often, the attorney who understands the ethical principles …

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HOA Lessons from Sanford, Florida

Since Trayvon Martin’s February 2012 death, HOA liability and neighborhood watch groups have become a bit of a hot button topic. Following Martin’s altercation with George Zimmerman in the Florida housing complex known as The Retreat, Martin’s parents initiated a wrongful death suit against the HOA.  Reportedly, that lawsuit recently settled for approximately $1 million. Now, some HOA’s are rethinking risk management strategy and have taken a closer look at neighborhood watch groups in particular.

At its most basic level, an HOA is often …

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Flying Under the Radar: Taxing Frequent Flier Miles

Many professionals travel frequently.  Hence, professionals may accumulate various rebates, discounts, frequent flier miles or “cash-back” as a result of travel or credit-card incentive programs.  Over the years there has been some chatter amongst tax-preparers as to whether those travel-related or purchase perks are considering taxable income.  Let’s take a closer look at this risk management issue facing the accounting profession.

We start with the general rule: all income is presumed to be taxable. But like most issues facing professionals, the devil is in the …

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Groupon for Professionals? Ok, but Risky

Group coupon websites are a popular marketing ploy among a variety of service providers.  The concept behind Groupon, Living Social, and similar sites is for consumers to select from local deals for discounted services.  Typically, once a threshold number of coupons are sold, the service provider and the website share the proceeds. The professional liability community has caught on to this marketing trend and is taking notice.  However, be aware professionals; utilizing similar group coupon sites is risky due to ethical limitations.

The …

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Exposure to Disciplinary Action Away From Home

In most circumstances an attorney may only practice law in jurisdictions where she is licensed.  Practicing law in a foreign jurisdiction may expose the professional to prosecution for the unauthorized practice of law.  The Ohio Supreme Court recently considered whether an attorney who is not licensed to practice in the jurisdiction is subject to the forum state’s disciplinary authority in Disciplinary Counsel v. Harris, 2013-Ohio-4026 (Ohio Sept. 26, 2013)

In Harris, the defendant attorney was a member of the DC bar.  Although he …

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Professional Liability Monthly – October Edition is Now Available

Featured headlines in this edition of Professional Liability Monthly:

  • Plaintiff’s Accounting Malpractice Claim Dismissed
  • NJ Supreme Court Retaliation Decision “Mixed Bag” For Employers
  • District Court Addresses Facebook Posts Under Stored Communications Act
  • Court Finds Board-Certified Family Medicine Physician Is Not a “Similar Health Care Provider”
  • PA Supreme Court Rules MCARE Fund May Be Required to Make Multiple Payouts in Single Case
  • Pennsylvania Court Dismisses Suit for Lack of Personal Jurisdiction
  • Appellate Court Finds Claim Sounds in Ordinary Negligence Rather Than Medical Malpractice
  • Pennsylvania’s Certificate
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