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The Legal Stuff
BT Currents - Hot Topics in Employment Law

10 Feb Minimum Wage Continues to Rise

  Effective at the beginning of 2105, the laws of 29 states and the District of Columbia require minimum wages in private employment that are higher than the federal minimum wage of $7.25 per hour. Despite already requiring higher wages than the federal minimum wage, the majority of those states experienced an increase in the state-mandated minimum wage effective in 2015, according to the National Conference of State Legislatures.   In four states, voters approved minimum wage increases through ballot measures in the 2014 general…

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05 Feb Paid Sick Leave: Coming Soon to a City Near You?

President Obama reincarnated paid sick leave as a possible federal law right in his recent State of the Union address. “Send me a bill that gives every worker in America the opportunity to earn seven days of paid sick leave,” Obama said. “It’s the right thing to do.” Under the Family and Medical Leave Act, employees of covered employers currently have rights to as much as twelve weeks of unpaid medical leave per year. In addition, thousands of employers of every size voluntarily provide some…

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30 Jan Supervisor’s Statement Precludes Summary Judgment

Business jargon permeates the workplace. For many of us, not a day goes by without hearing phrases such as: “hit the ground running,” “Let’s take this offline,” “paradigm shift,” “lots of moving parts,” “tenure,” etc. Some business lingo, however, may have the potential to cause trouble down the line.   A recent age discrimination case out of Louisiana illustrates this point perfectly. In this case, a manager allegedly made numerous references to hiring “new blood” for the workforce. The federal court ultimately denied the employer’s…

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30 Jan Are You Relying on Electronic Signatures for Employment Documents?

The California Court of Appeal, Fourth Appellate District, in Ruiz v. Moss Bros. Auto Group, Inc., recently affirmed an order denying a petition to compel arbitration where the employer failed to present sufficient evidence that the employee electronically signed an arbitration agreement. In Ruiz, Plaintiff Ernesto Ruiz filed a putative class action complaint alleging various wage and hour violations by his employer, Moss Bros. The company filed a petition to compel arbitration of Mr. Ruiz’s individual claims based on an arbitration agreement the Company claimed he electronically…

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23 Jan Supreme Court Leaves California’s Carve-Out for PAGA Wage-and-Hour Representative Actions Intact

The U.S. Supreme Court has denied certification of a petition challenging the California Supreme Court’s ruling in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014) that representative Private Attorneys General Act (PAGA) claims cannot be waived in employment arbitration agreements. As a result, California’s carve-out exempting PAGA claims from arbitration agreements remains intact, and employees can continue to bring PAGA representative actions even if they have signed arbitration agreements with class and representative action waivers. California employers should brace for the…

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