One of the most common misunderstandings in criminal and traffic law is that mistakes on the warrant or summons automatically results in a dismissal of the case. Most of the time, such mistakes have no effect. In a recent case, a man was on trial for Domestic Assault and Battery (also known as “Assault and Battery of a Family Member”). Because it was alleged to be a third offense, the otherwise misdemeanor charge was elevated
Yes. Unlike other debts owed by a company, unpaid minimum wages and overtime can often be recovered from certain high-level company officials as well as from the company. As the U.S. Court of Appeals for the Second Circuit recently ruled, the Fair Labor Standards Act (FLSA) defines the term “employer” based on “economic realities” to include not only the offending company but also high-level managers who determine how the business treats its employees. See Irizarry
These rulings will limit companies’ liability for harassment by apparent bosses without full hire-and-fire authority, and will complicate employer benefit plans as applied to same-sex couples, who will have new rights under current employment laws. Definition of Supervisor under Federal Employment Civil Rights Laws On June 25th, in Vance v. Ball State University, the U.S. Supreme Court clarified the meaning of “supervisor” for purposes of the Civil Rights Act of 1991. The Supreme Court defined
Generally no. Employers are entitled to evaluate an employee’s performance and communicate criticisms to the employee and others within the company to resolve performance issues. Most criticism falls within the category of opinion, which cannot defame an employee, and harsh criticism alone does not constitute an adverse employment action under Federal civil rights laws. In certain circumstances, however, a manager may criticize an employee so harshly and broadly as to create potential liability for the
Criminal lawyers in Arlington are abuzz over a new Reckless Driving defense stemming from a case appealed from the Arlington County Circuit Court. It is a common fact pattern: a police officer investigates a car accident in which a driver was driving erratically. He performs a drunk driving (“DUI”) investigation, but abandons it when the Preliminary Breath Test (“PBT”) turns out to be low. Can the police use this low PBT in order to help