Follow Us
twittergoogle_pluslinkedinrssyoutube
Subscribe to the BT Currents Blog

By signing up, you agree to our Terms of Service and Privacy Policy.

Recent Posts
The Legal Stuff
BT Currents - Hot Topics in Employment Law

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…

0 0
READ MORE

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…

0 0
READ MORE

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…

0 0
READ MORE

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…

0 0
READ MORE

06 Nov Will Chicago be the next big city to pass a predictive scheduling law?

It’s hard to predict the future fate of Chicago’s proposed Fair Workweek Ordinance, particularly in an election year.   But the Chicago City Council may have taken a step closer this week when it created an Office of Labor Standards to put teeth into its relatively new Paid Sick Leave and Minimum Wage ordinances.   The new Office of Labor Standards will include a staff of five to address employee wage-and-hour complaints and investigate employers for possible ordinance violations. It could also be assigned oversight…

0 0
READ MORE