About Howard Berkson

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So far Howard Berkson has created 16 blog entries.

Police Encounter Assistance

It's not always possible to call an attorney during a police encounter. Maybe you aren't sure what to do. Maybe you thought everything was going to be OK, but now you're being arrested. Police stop Police encounters can be unnerving and difficult to predict, so Boston Avenue Law has released an app that [...]

By |October 20th, 2017|Uncategorized|Comments Off on Police Encounter Assistance

What Does a Donald Trump Presidency Mean for The Supreme Court?

The historic November 8th victory of Donald Trump has the potential to impact Federal law. Now that the Republican Party controls the Senate and Presidency the dynamics of the Supreme Court will change. After the Presidential inauguration on January 20, 2017 Donald Trump will nominate someone to fill the current vacancy on the Supreme Court. [...]

By |November 18th, 2016|Uncategorized|Comments Off on What Does a Donald Trump Presidency Mean for The Supreme Court?

Oklahoma Workers’ Comp Opt Out Act Ruled Unconstitutional

The Oklahoma state Supreme Court ruled on September 13, 2016, in Vasquez v. Dillard’s that the Opt Out Act created impermissible unequal, disparate treatment of a select group of injured workers and is an unconstitutional special law under the Oklahoma Constitution. The Employee Injury Benefit Act (Opt Out Act) allowed qualified employers to avoid participating [...]

By |September 21st, 2016|Uncategorized|Comments Off on Oklahoma Workers’ Comp Opt Out Act Ruled Unconstitutional

Managing Remote, Non-Exempt Employees

Remote non-exempt employees present numerous risk management challenges, and this article addresses two of the most common. First, let's review what "non-exempt" means. A non-exempt employee is one to whom the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) apply. The employee is not exempt from those provisions. Consequently, a natural [...]

By |November 6th, 2014|Uncategorized|Comments Off on Managing Remote, Non-Exempt Employees

FMLA Meets ADA: It’s Not Always Over When It’s OverFMLA Meets ADA: It’s Not Always Over When It’s Over

The Family and Medical Leave Act (FMLA) requires covered employers to provide up to twelve weeks of unpaid leave to qualified employees who have a serious health condition. As you might imagine, if the condition is sufficiently serious, twelve weeks may not be enough time to recover and return to work. At the end of [...]

By |October 2nd, 2014|Uncategorized|Comments Off on FMLA Meets ADA: It’s Not Always Over When It’s OverFMLA Meets ADA: It’s Not Always Over When It’s Over

The Importance of Policy, Practice, and Documentation

She had repeated unexpected absences. She made routine use of intermittent FMLA. The employee's supervisor is on the phone and wants to fire her. You, the HR professional on the front line, must ensure that enforcing company expectations does not violate employee legal rights. In the case described in this article, the employer was careful [...]

By |September 2nd, 2014|Uncategorized|Comments Off on The Importance of Policy, Practice, and Documentation

Catch-22: OSHA’s Catch-11(c)

American Novelist Richard Heller's Catch-22 is required reading in many high school literature classes. Set in World War II, the characters struggled with their conflicting goals. Naturally, they wanted to perform their military duty. However, they also wanted to return home safely. As history has confirmed, flying heavy bombers during World War II was not [...]

By |August 2nd, 2014|Uncategorized|Comments Off on Catch-22: OSHA’s Catch-11(c)

Newsletter 5, 2014

When is a Doctor Visit a "Treatment" for FMLA Purposes? Ordinarily, where an employer is covered by FMLA and a qualified employee has a serious health condition, that employee may take FMLA leave to receive treatment for the condition. That makes sense because, generally, a person who is undergoing a medical procedure is unable to [...]

By |June 6th, 2014|Uncategorized|Comments Off on Newsletter 5, 2014

Newsletter 4, 2014

Advanced Topics in HR Management: The National Labor Relations Board In the Non-Unionized Workplace Every so often, we focus a newsletter on the technical legal aspects of an issue as part of our Advanced Topics in HR Management series. If you have been keeping up with employment law over the last few years, you know [...]

By |April 6th, 2014|Uncategorized|Comments Off on Newsletter 4, 2014

Newsletter 3, 2014

Temporary Disabilities and the ADA After the Americans With Disabilities Act (ADA) was passed, the single most litigated issue was whether a particular condition was a disability. One point was resolved early: the Equal Employment Opportunity Commission (EEOC) clarified through regulations that a temporary impairment was not a disability within the meaning of the Act. [...]

By |March 6th, 2014|Uncategorized|Comments Off on Newsletter 3, 2014