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BT Currents - Hot Topics in Employment Law

16 Nov Supreme Court Declines To Hear Seventh Circuit Ministerial Exception Appeal

In a disability discrimination case involving a teacher at a Jewish school in Milwaukee, the Seventh Circuit has for the first time addressed the ministerial exception in light of the Supreme Court’s 2012 Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC decision. In Grussgott v. Milwaukee Jewish Day School, the court found a teacher who taught both Hebrew and Jewish studies demonstrated that her role furthered the school’s religious mission and that her position therefore fell under the ministerial exception, barring her disability discrimination claims….

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09 Nov Latest DOL Opinion Letter Says Goodbye to the 80-20 Rule

If you are a wage and hour rules buff, it is now old news that the Department of Labor has revived an old habit – the issuance of Opinion Letters. These brief policy memos serve as straightforward guidance on a particular issue. Well, the DOL is back at it this week and has issued another new set of Opinion Letters. One in particular is catching the eye of the restaurant and service industry.   In an Opinion Letter issued last week, the DOL has done away…

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09 Nov Do You Pay Overtime for On-Call Work? A Cautionary Tale

Many employers are intimidated by the myriad rules, regulations and exemptions contained within the Fair Labor Standards Act (FLSA). History shows they have every reason to be: mistakes are super easy to make and can be very costly for a business – both in terms of the bottom line and bad publicity.   A new case out of Ohio this week regarding overtime for an on-call employee provides a timely reminder of how important it is for employers to make sure they fully understand the…

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08 Nov California Employers Can Expect More Employment Litigation in 2019

In light of the #metoo movement, a new law in California will strengthen laws prohibiting all forms of harassment in the workplace.   On Sept. 30, California Governor Jerry Brown signed SB 1300 which, among other things, expands the ability of California employees to file harassment lawsuits against their employers in ways they were not able to in the past. The law takes effect on January 1, 2019.   Most notably, the law expressly rejects the Ninth Circuit’s opinion in Brooks v. City of San…

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07 Nov Another Gig Economy Employer Win DoorDash Delivery Driver Must Arbitrate Misclassification Lawsuit

On October 22, U.S. District Judge Phyllis Hamilton granted DoorDash Inc.’s motion to compel arbitration and held that delivery driver Manuel Magana is required to arbitrate his misclassification lawsuit.   Magana’s lawsuit claimed that the food delivery service misclassified drivers as independent contractors instead of employees in order to avoid paying them a minimum wage and to shirk responsibility for covering the drivers’ business expenses which include insurance, gas, and phone bills.   Related story: Ninth Circuit Destroys Uber Drivers’ Misclassification Suits   In the present…

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