Patricia F. Weisberg

Patricia F. Weisberg is a partner at Walter & Haverfield, a Cleveland law firm. She assists employers with their obligations under state and federal employment discrimination laws, FLSA, ADA, FMLA, affirmative action, equal opportunity, unemployment, workers' compensation, non-compete agreements and other laws regulating the employment relationship in an effort to minimize potential employment-related litigation. She can be reached at 216-978-2928, or at pweisberg@walterhav.com .

Articles by Patricia F. Weisberg

HR News & Trends, Legal Issues

Unpaid Internships Revisited: Could Your Program Land You in Court?

by on May 15, 2012, 7:17 AM  |  1 comment
intern

By Patricia F. Weisberg

With regular college classes ending for the summer, employers nationwide likely are ramping up their summer internship programs – and in some cases putting themselves at risk for an administrative investigation or lawsuit, if they aren’t careful.

This time-honored tradition that helps young workforce hopefuls get their foot in the door in their respective career paths has been put under the microscope by the U.S. Department of Labor (DOL), and even interns themselves, over the past couple of years in respect to payment — or lack thereof.

Historically, many internship programs have been unpaid, and in the aftermath of the recession, even some employers that previously provided pay to student workers have revamped their internship offerings to an unpaid status. Read more…

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Classic TLNT

What Every Employer Needs to Know to Avoid an ‘Office Party Gone Wrong’

by on Nov 21, 2011, 9:40 AM  |  No comments yet
Attorney Patricia Weisberg of the law firm Walter & Haverfield, LLP.

Editor’s Note: This is only TLNT’s second holiday season, but there’s a lot of great content you might have missed at this time last year. So for the next two weeks, we’re republishing a daily “Classic TLNT” holiday post that might help you cope with the season (and your workplace) a little bit better. 

By Patricia F. Weisberg

The annual office holiday party is a great way to reward your employees for a job well done throughout the past year. However, you might want to think twice before allowing spiked eggnog and other alcohol-laden holiday cheer to flow freely during the celebration.

While most employers still want to foster a sense of fun for employees during the holiday season, it’s becoming increasingly apparent that the traditional “wild office party” of past eras is not healthy for the spirit and camaraderie of the employees in the modern workplace.

Over the years, office parties have changed considerably. Alcohol used to flow freely, and employers would overlook inappropriate conduct, chalking it up to party behavior. Read more…

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HR Basics, Legal Issues

Tips and Fluctuating Workweek Scrutinized in DOL’s Final FLSA Ruling

by on Jun 6, 2011, 11:45 AM  |  No comments yet
Attorney Patricia Weisberg of the law firm Walter & Haverfield, LLP.

By Patricia F. Weisberg

The U.S. Department of Labor Wage and Hour Division’s final rule amending the agency’s Fair Labor Standards Act regulations took effect on May 5.

While the DOL declined to push forward on some of the more substantive changes initially proposed in 2008, the final rule does clarify some issues. The two predominant revisions affect tipped employees, tip credits and tip pools and the fluctuating workweek method of payment.

Under the FLSA, employers are permitted to pay a tipped employee a lower minimum wage so long as the total tips and wages at least equal the hourly minimum wage. The final rule clarifies that an employer is prohibited from using an employee’s tips for any reason other than as a tip credit to make up the difference between the required cash paid and the minimum wage or in furtherance of a valid tip pool. Read more…

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Legal Issues

Why Background Checks Are a Necessary Evil

by on Feb 25, 2011, 7:55 AM  |  1 comment
Attorney Patricia Weisberg of the law firm Walter & Haverfield, LLP.

By Patricia F. Weisberg

The majority of employers today conduct some form of background check prior to hiring a new employee. This practice, while many times necessary in ensuring a quality hire, also can present challenges on the legal front for employers who do not approach it with caution.

Often times, what should appear to be neutral hiring criteria might inadvertently be perceived as adversely affecting a protected group of individuals, thereby resulting in a discrimination lawsuit. Employers also face several laws restricting their ability to conduct a more thorough background check on individuals who have been conditionally hired.

Here is a snapshot of a few regulations and guidelines governing an employer’s ability to perform background checks on potential new hires – all of which are under scrutiny and in a constant state of flux: Read more…

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Legal Issues

What Every Employer Needs to Know to Avoid an ‘Office Party Gone Wrong’

by on Nov 22, 2010, 8:07 AM  |  3 Comments
Attorney Patricia Weisberg of the law firm Walter & Haverfield, LLP.

By Patricia F. Weisberg

The annual office holiday party is a great way to reward your employees for a job well done throughout the past year. However, you might want to think twice before allowing spiked eggnog and other alcohol-laden holiday cheer to flow freely during the celebration.

While most employers still want to foster a sense of fun for employees during the holiday season, it’s becoming increasingly apparent that the traditional “wild office party” of past eras is not healthy for the spirit and camaraderie of the employees in the modern workplace.

Over the years, office parties have changed considerably. Alcohol used to flow freely, and employers would overlook inappropriate conduct, chalking it up to party behavior.

Today, this sort of activity is not worth the risk. In fact, the worst mistake an employer today can make in throwing a party is to offer unlimited alcohol, particularly in situations where no one is monitoring employee conduct.

Read more…

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Legal Issues

Internship Crackdown: What You Must Do to Comply with the Law

by on Sep 28, 2010, 7:57 AM  |  3 Comments
Attorney Patricia Weisberg of the law firm Walter & Haverfield, LLP.

By Patricia F. Weisberg

If your company offers unpaid internships to students, take heed: The U.S. Department of Labor (DOL) has begun to crack down on employers that do not pay interns or do not pay them properly.

There are several reasons that the DOL is just now addressing this issue.

First, the DOL has an increased budget and commitment to enforcing the FLSA. Second, interns typically do not file complaints – either because they need the experience or because they don’t want to risk endangering their chances for future employment.

With this in mind, there’s no better time than now to get up to speed on the regulations addressing internship programs. As spokespersons from the DOL’s Wage and Hour Division reportedly have noted, few “for-profit” employers can offer unpaid internships and remain in compliance with the law — namely the Fair Labor Standards Act (FLSA). Read more…

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Legal Issues

New Initiatives Mean More Employee Complaints, More Employer Burdens

by on Jun 21, 2010, 9:59 AM  |  No comments yet
Attorney Patricia Weisberg of the law firm Walter & Haverfield, LLP.

In the mercurial world of employment law, each new calendar year brings new or revamped legislation. It’s the same story in 2010. Among the myriad of various legal changes employers face this year, several new U.S. Department of Labor (DOL) initiatives particularly stand out, namely because of the increased burden of proof they place on employers.

This spring, the DOL rolled out several programs designed to help workers feel less fearful of repercussions about filing grievances in accordance with Fair Labor Standards Act regulations, while putting extra onus on employers – the “We Can Help” campaign, the “Plan/Prevent/Protect” strategy, and more stringent misclassification rules.

Combined, these changes will mean that even the most proactive employers should expect to see an increase in FLSA-related complaints from employees, and that they will also bear the full weight of federal regulatory compliance squarely on their shoulders. The atmosphere is primed to be litigious, to say the least. Read more…

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