Fourth Circuit Establishes New Test for Joint Employer Liability Under the FLSA

In Salinas v. Commercial Interiors, Inc. , 848 F.3d 125 (4th Cir. 2017), the United States Court of Appeals for the Fourth Circuit established a new test for determining whether two or more persons or entities constitute a joint employer under the Fair Labor Standards Act (“FLSA”). When it was in existence, J.I. General Contractors, […]

Does a Company Waive the Attorney-Client Privilege When it Forwards Emails to Other Company Employees, Employees of a Subsidiary, or Former Employees?

When dealing with communications protected by the attorney-client privilege, companies face an added challenge that does not apply to most individuals. As we all know, emails can and are forwarded rather easily within and outside of companies. The sharing of such communications raises a host of potential issues for companies, including the potential waiver of […]

Employee’s Failure to Mention Nature of Grandfather’s Relationship Was Not Sufficient to Deny Employee’s Request for FMLA Leave

In Coutard v. Municipal Credit Union , 848 F.3d 102 (2d Cir. 2017), the United States Court of Appeals for the Second Circuit held (1) that an employee met the eligibility requirements for leave under the Family and Medical Leave Act (“FMLA”) to care for a seriously ill grandfather, even though the employee did not […]

When is a Staffing Agency Employee an Employee of the Company to Which He/She is Assigned to Work?

In Interstate Fire & Casualty Company v. Dimensions Assurance Ltd. , 843 F.3d 133 (4th Cir. 2016), the United States Court of Appeals for the Fourth Circuit was asked to determine whether a nurse employed by a staffing agency also was an employee of the hospital where she performed her work activities. The determination in […]

Appellate Court Answers Whether Reassignment to a Vacant Position Without Competition Constitutes a Reasonable Accommodation Under the ADA

In E.E.O.C. v. St. Joseph’s Hospital, Inc. , 842 F.3d 1333 (11th Cir. 2016), the United States Court of Appeals for the Eleventh Circuit addressed several issues concerning a former employee’s claim of discrimination under the Americans With Disabilities Act (“ADA”), including whether a reasonable accommodation under the ADA requires reassignment to a vacant position […]

Hyatt & Weber named a Constant Contact All Star

Hyatt & Weber, P.A. delivers meaningful, relevant news & updates to our clients & colleagues. We are proud to be in Constant Contact’s top 10% of customers who receive the annual All Star award for excellence in building better relationships. Not on our mailing list yet? Sign up here .

Welcome Chris Buck & our new Maritime Practice!

Hyatt & Weber is pleased to welcome attorney Christopher D. Buck to our Business, Real Estate and NEW Maritime Law practice groups. Chris’ work in maritime and admiralty law has included cases from the Northeast to Florida and nationwide. About Chris: • Admitted to the Maryland, New York and D.C. Bars • Member of the […]