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BT Currents - Hot Topics in Employment Law

17 Dec Don’t Let Down Your Guard: An Object Lesson In Dealing With Government Investigators

Every time we turn on the news recently, it seems there is a new government investigation being taken up. Putting aside any political angles, these investigations and the way they unfold highlight a very important life lesson for employers.   Employers frequently are visited by government agents of varying stripes. While these visits typically do not involve the FBI or something as serious as a criminal investigation, most employers can expect site visits at some point by agents of the Department of Labor, the EEOC,…

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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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24 Sep Don’t Get Stuck in the Political Bubble

There is a famous quote attributed to New York film critic Pauline Kael about the 1972 presidential election: “I can’t believe Nixon won. I don’t know anyone who voted for him.”   That year, Nixon carried 49 states – at the time, it was the largest electoral landslide in U.S. history. Clearly, a lot of people the critic did not know had voted for Nixon. The quote still resonates and often is cited as an example of provincialism and how living in a bubble can…

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14 Aug Does Your Non-Compete Agreement Survive Under Massachusetts’ New Non-Compete Law?

The Bay State’s long-anticipated non-compete law has finally hit the books. After years of debate, speculation, and worry, the final result does not appear to be as bad for employers as we feared.   The Basics   First, let’s review what the new Massachusetts law does not do.   The law – which impacts agreements entered into on or after October 1, 2018 – only applies to non-competes, or similar provisions under which an employee promises not to compete with the employer after the employment…

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28 Jun Seventh Circuit Revisits Contractor Misclassification

Courts in the U.S. have been grappling with the misclassification of independent contractors for more than 20 years. As our readers well know, there is no standardized test to determine whether a worker is a contractor. Various courts and government agencies all have adopted their own criteria. Fortunately, most of them overlap, but there can be critical differences in the factors and how they are applied.   In 2015, the Wage and Hour Division of the U.S. Department of Labor (DOL) firmly supported the “economic…

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