Margaret O’Brien – You’re at a Wage and Hour Risk

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Show Topic:

For the most part, employers want to comply with the laws. But the wage and hour laws are surprisingly complicated, and not intuitive.

Problems usually arise in one of three ways:

random audit

employee complaint

or referral from another agency

In this episode, host CMA’s David Ciullo discusses with Margaret (“Peg”) O’Brien, Director of the Employment Law Practice Group at McLane Middleton, the US DOL’s increasing enforcement of employer misclassification of Independent Contractors, Joint Employment, and Exempt Status.

In addition Peg and David discuss the less known fact of how bonuses (including stay and sign on) can effect overtime calculations for nonexempt hourly workers.

About The Guest:

Peg O’Brien is vice chair of the firm’s Employment Law Practice Group. She assists employers with legal compliance and risk management in all phases of the employment relationship, as well as defense of employers in matters pending before government agencies and courts. On a regular basis, Peg assists company executives, human resources professionals, and supervisors with routine employment law concerns including:

Employee handbooks and related employee policies.
Hiring (offer letters and employment agreements).
Non-compete, Non-solicitation, and Nondisclosure Agreements.
Independent Contractor Agreements.
Wage and hour compliance, including employee classifications such as exempt vs. nonexempt.
Guidance with employee leaves of absence.
Management of employee performance and expectation setting, including drafting performance improvement plans.
Disciplinary action includes review and discussion of any litigation risks and drafting documentation of warnings and termination letters.
Drafting severance agreements.
Management of employee workplace complaints, including investigations and interpersonal conflict between employees.

Peg provides on-site and virtual training for employees and supervisors on harassment prevention, documentation and discipline best practices, and other employment law matters.

In addition, Peg conducts workplace investigations as an internal or outside independent investigator and recently completed the Massachusetts Commission Against Discrimination’s Certified Course on Conducting Discrimination Complaint Investigations. Peg frequently presents at seminars on employment law issues before human resources and trade groups. She has practiced law for more than 25 years and has handled litigation in federal and state courts throughout New Hampshire. She has extensive jury trial experience as well as extensive experience appearing before government agencies. Prior to entering private practice, Peg began her legal career as an attorney with the New Hampshire Public Defender Program.

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