Christopher J. Eby

Christopher J. Eby

Christopher Eby focuses his practice on employment litigation and counseling. Chris has represented employers before federal and state courts and agencies in a variety of employment matters including Title VII discrimination and harassment claims, FLSA and other wage actions, claims brought under the ADA and FMLA, and non-compete and trade secret enforcement. In addition, he advises clients on employment issues including policy interpretations, compliance issues, employee discipline, and employee termination. Chris also assists employers in drafting policies, handbooks, and employment agreements.

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National Labor Relations Board Continues Trend of Employer-Friendly Actions

The National Labor Relations Board’s (NLRB) recent decision significantly revising the independent contractor standard will allow more workers to be so classified and therefore unable to unionize. This decision continues the Board’s growing trend towards employer-friendly positions and scaling back Obama-era developments. In other action this winter, the Board has proposed rulemaking modifying the joint employer test and limited its … Continue Reading

Avoiding Age Discrimination Claims During Succession Planning

As “baby boomers” come of retirement age, employers may find themselves between a rock and a hard place: they can either ask employees about their retirement plans and risk being accused of age discrimination, or they can avoid those conversations and risk being woefully underprepared for the retirements of key employees.

When done right, succession planning affords employers an opportunity … Continue Reading

DOL Eases Standards for Unpaid Internships

With summer internships in full swing, it’s high time to revisit the Department of Labor’s recently-revised guidance on unpaid internships.  Guidelines issued in January abandoned the Department’s prior test – which required employers to meet each of six factors — in favor of a seven-factor test granting employers more flexibility to implement unpaid internship programs.

Under the new “primary beneficiary … Continue Reading

The Challenges of Poor FMLA Certifications

Did that FMLA certification arrive illegible? Is the information provided too vague? Are the responses to the questions internally inconsistent? Do you suspect that it wasn’t filled out by a healthcare provider at all?

Employers navigating the FMLA maze – especially those who outsource the function – may not get the information they need in the certification. Many simply accept … Continue Reading

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