Which employees are exempt from overtime and related requirements and which are not?   This critical question is one every employer must address in assessing its workforce.  Pursuant to the Fair Labor Standards Act (FLSA) and related state laws, the presumption is that an employee is non-exempt and it is the employer’s burden to show otherwise.   This means the employer must demonstrate that an employee falls within one of the recognized exemptions to the federal and state overtime and…

While mandatory arbitration has much to offer to employers, it is not the defense panacea some believe it to be. Often employers implement mandatory arbitration agreements without carefully considering their potential downsides. This is at least partly because practitioners and commentators so overwhelmingly sing the praises of the private arbitration process, including, for example, that it is faster, cheaper and private. Here are ten contrary considerations.

First, while arbitration…