Samantha Abeysekera

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Samantha Abeysekera advises and litigates on behalf of management in a diverse array of industries, including financial services, market research, real estate, aviation, and technology start-ups. Both her litigation and advice-and-counseling work focuses on employment discrimination, harassment, restrictive covenants, and employment/separation agreements, as well as wage and hour matters involving exempt/non-exempt status, the calculation of hours worked, overtime pay, and other issues under the Fair Labor Standards Act and state wage and hour laws.

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An Unsolved Problem? Claims of Post-Employment Retaliation by the (Formerly) Problem Employee

Most employers know that various employment laws prohibit retaliation against employees who engage in protected activity, such as those who complain of discrimination, report purportedly unlawful conduct, or support fellow employees’ charges of similar conduct. What fewer employers may realize is that legal prohibitions on retaliation may, in some circumstances, extend beyond employees’ actual employment. Some of the post-employment conduct … Continue Reading

The Audit’s Done, and We Need to Reclassify – Now What?

Let’s assume you’ve done an internal audit, or one required by the Department of Labor, and found – as so many companies do – that certain titles/positions require reclassification from exempt to non-exempt under the Fair Labor Standards Act and state law.  What are the next steps?

The task of making reclassification a reality requires consideration of many factors.  For … Continue Reading