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BT Currents - Hot Topics in Employment Law
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16 Feb Some HR Numbers That Should Be Zero In Your Organization LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

This week’s letter is Z, and Z is for zero. As I have written here before, there is a lot of gray in employment law, so some black and white answers are refreshing every now and then.  Here are some employment law related questions to which your organizations answer should be:  zero.   How many supervisors are handling information from medical providers relating to employee health information? (This should go through HR. Supervisors are on a need to know basis, such as knowing an employee’s…

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02 Feb 7 Questions Employers Should Ask Themselves Every Year LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

This week Y is for year – a good guideline for the longest employers should go without asking themselves these questions to make sure they are taking advantage of opportunities to minimize employee-related liability:   Do you have accurate job descriptions, regularly signed off on by the employees, that will help you manage and defend ADA, wage and hour, and other employment issues and claims?   Have you reviewed each employee classified as exempt to ensure proper classification under the Fair Labor Standards Act, including…

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26 Jan X-Rays Shipped Out of State Help Employee Keep Issue of FLSA Coverage Alive LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

We have been working through the alphabet with employment law topics and the dreaded X week has arrived, but fortunately there is a 2014 FLSA case involving X-rays that demonstrates the difficulty for an employer of defeating FLSA coverage. In Gashlin v. International Clinic Research, the U.S. District Court for the Middle District of Florida denied the employer’s motion for summary judgment asserting that Wendy Gashlin was not covered by the Fair Labor Standards Act. Ms. Gashlin, a clinical research employee, claimed she worked more…

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20 Jan Words That Signal Opportunities to Avoid Liability LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

One of the themes in my posts and on Currents generally is not missing out on easy liability avoidance opportunities. I want to make a stronger statement than the employment lawyer’s usual, “Hey if you do X and Y, you can minimize employee liability,” though certainly that is true and valuable. Rather: EMPLOYERS MISS OUT ON EASY LIABILITY AVOIDANCE OPPORTUNITIES, thereby diverting time, money and energy from building their organization and bettering their goods and services. Here and here are recent examples. These are lost…

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05 Jan California Class Action an Occasion for All Employers to Review Vacation Practices LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

Many employers will have noted the decision last month where a federal court in California held that approximately 65,000 class members could maintain a class action against J.C. Penney’s under California law. That lawsuit challenges the company’s policy that employees forfeit accrued vacation benefits on termination. The issue in this decision was whether the plaintiffs met the commonality tests that allow a matter to be advanced as a class action rather than as a series of individual actions – individual actions that likely would not…

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