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The Legal Stuff
BT Currents - Hot Topics in Employment Law
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08 May 2017 House Passes Bill to Legalize Comp Time in the Private Sector

  Employers and employees may soon have more flexibility in how and when overtime gets paid. Last week the U.S. House of Representatives passed the Working Families Flexibility Act (WFFA), a law that would amend the Fair Labor Standards Act (FLSA) by allowing employers to offer, and employees to accept, “comp time”­ instead of cash payment for hours worked over 40 in a workweek. “Comp time” is generally defined as paid time off that is earned instead of receiving cash payment for overtime. It is…

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31 Mar 2017 Paid Leave American-Style: “I Get Mine, But You Can’t Have Yours!”

  Employers are all too familiar with the FMLA, but paid leave seems to be generating a lot of political buzz these days. A new Pew Research Center Survey reveals that a paid leave law might be a popular measure. However, the same survey also reveals that most Americans are cynical when it comes to the use of such leave.   The Pew study found that, of those surveyed, about 75 percent of Republicans and about 90 percent of Democrats support some kind of federal…

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15 Feb 2017 Trump-Appointed EEOC Acting Chair Says Continuity in the Near Term

For the first time since her appointment by President Trump as acting chair of the EEOC, Victoria Lipnic last week provided a glimpse into the commission’s future. Her central message is not to expect to see any major changes in the near future. Acting Chair Lipnic occupies only one of a total of five commission seats at the EEOC. However, there are only four sitting commissioners, as one of the seats is currently vacant. Potential major policy shifts likely will have to wait for other…

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17 Nov 2016 The World According to Trump: Could the Obama NLRB’s Pro-Union Rulings be Undone?

  There is no shortage of buzz going around about what impact President-elect Donald Trump might have at the National Labor Relations Board. Does Trump’s election mean the Board’s controversial decisions (e.g. Browning-Ferris, D.R. Horton) of the past eight years will be undone? As my colleague Jerry Lutkus blogged earlier this week, it is likely that Trump quickly will move to change the composition of the Board to a Republican—and thus more pro-employer—majority. However, a change in the composition of the Board does not equal…

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12 Oct 2016 No Matter Who Becomes President, Expect More Change in National Labor and Employment Policy

No matter who occupies the White House in January, the theme of national labor and employment policy is likely to be change.   President Obama has illustrated the powerful influence of the executive on labor and employment policy without the input of Congress. The Obama Administration has raised the minimum wage to $10.10 and granted paid sick leave to approximately 1.5 million employees working under federal contracts. Under President Obama, the DOL changed the salary threshold for finding an employee exempt, the EEOC demanded detailed…

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25 Aug 2016 Ray of Hope Peeks Through a Mound of Proposed EEOC Data Requirements: Senators Fight to Nix EEOC Plan

  The way things are going at the EEOC, the next time it requires additional information on the annual EEO-1 report, it will want to know what kind of underwear each employee wears broken down by race, sex and national origin. OK, that’s an exaggeration, but many employers probably wouldn’t be surprised.   In January, the EEOC proposed a rule requiring larger employers to report pay and hours worked data, in addition to standard demographic data. The new information is intended to give government agencies…

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