News & Publications

Business and Financial Services

Employers Take Heed: DOL Reiterates You Cannot Delay FMLA Designation Beyond Five Business Days

Employers do not have discretion to delay Family and Medical Leave Act designation once they have enough information to know that an employee’s leave qualifies. Bean, Kinney & Korman attorney R. Douglas Taylor Jr. explains that qualifying leave must be designated as FMLA leave when the facts support it, regardless of whether an employer or employee would prefer a different arrangement. The article focuses on the employer’s obligation to recognize qualifying leave and apply the law correctly,…

September 18, 2019

Business and Financial Services

Can an Employee Who Quits Receive Unemployment Benefits

A common employment law question is whether an employee who quits can still qualify for unemployment benefits—and the answer is not a simple yes or no. In his analysis, Bean, Kinney & Korman attorney R. Douglas Taylor Jr. explains that eligibility typically depends on the reason for the separation, with a key distinction between voluntary resignation and leaving for legally recognized “good cause.” While unemployment benefits are generally intended for individuals who lose their jobs through…

September 10, 2019

Business and Financial Services

The Best Defense Against FLSA Lawsuits for Unpaid Overtime

Employers facing wage-and-hour claims under the Fair Labor Standards Act (FLSA) have several legal defenses available to reduce or avoid liability, particularly in unpaid overtime cases. The article outlines common strategies, including challenging employee classification, disputing the number of hours worked, and relying on accurate payroll and timekeeping records. It also highlights the importance of the “good faith” defense, which can limit or eliminate liquidated (double) damages if an…

August 9, 2019