“Never attribute to malice that which can be adequately explained by stupidity.” So instructs Hanlon’s razor, a philosophical guide for eliminating unlikely explanations for human behavior. This aphorism was top of mind when I sat down last weekend to watch Netflix’s popular new documentary, Fyre Festival: The Greatest Party that Never Happened. The Fyre Festival […]
About Eric Spengler
Eric leads the Civil Litigation practice at Spengler & Agans. He assists clients in contract disputes; employment issues, including wage and hour claims; personal injury suits; and other civil litigation, such as fiduciary duty and estate administration cases. Eric also offers immigration law services relating to business and employment issues, as well as family-based visas. Generally, his courtroom-based practice complements the transactional services provided by Justin.
Entries by Eric Spengler
The holiday season is a natural time to pause for a moment of reflection. My psychologist brother has been trying to convince me to embrace mindfulness, but I’ve never been one who finds meditation to come easily. On this particular night, late at the office, I can’t help but to take a moment to be […]
The on-demand economy of the 21st century creates numerous challenges for employment lawyers and their small business clients. The U.S. labor laws that govern minimum wage and overtime date to the New Deal—the Fair Labor Standards Act (FLSA) was passed in 1938! Needless to say, the economy of 2018 looks quite a bit different from […]
In the new “on demand” economy, subscription-based revenue models, or subscription plans, have grown in popularity. Think of Netflix, Dollar Shave Club, Blue Apron, and what feels like hundreds of monthly “boxes” delivering everything from clothing, to vinyl records, to wine. But not all subscription plans are created equally under the law. Businesses also are […]
The Supreme Court of North Carolina handed down a decision that has important implications for employment litigation. The case (Morris v. Scenera Research, LLC, No. 429PA13) was a double threat in that it answered two novel legal questions under both North Carolina’s Wage and Hour Act (NCWHA) and the Retaliatory Employment Discrimination Act (REDA). What […]
OK, maybe you didn’t ask this question, but maybe you should have—at least if you own a company that employs salaried workers, or if you yourself are a salaried employee. Let me tell you why. The U.S. Department of Labor recently announced rules that will expand the number of salaried workers who are eligible for […]
The massively popular ride-sharing company Uber agreed to pay up to $100 million to settle a class action case brought by its drivers in California and Massachusetts. The issue in the case was whether Uber misclassified its drivers as independent contractors (Form 1099) when they should have been paid as employees (Form W-2). The case […]
Signing a lease for your business can be a really exciting time. But, before you put start to move boxes and show off the new digs, make sure you thoroughly review what you’re signing. Here are 5 things in a commercial lease you should pay attention to. 1. A “Personal Guarantee” Essentially, a personal guarantee […]
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