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BT Currents - Hot Topics in Employment Law

16 Apr Know Before You Go: Does the DOL’s New PAID Program Pay Off For Employers?

  Complying with the spider web of statutes, regulations, and DOL opinion letters regarding the FLSA can be a nightmare for employers. Certainly, many of you may recall the furor that resulted just a little over a year ago when the DOL rolled out an update to the salary basis test. Employers across the country scrambled to make sure they could hit the DOL’s new deadlines and requirements, only to have the rug pulled out at the last moment by court order when the regulations…

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26 Feb Beginning of a New Trend? Illustration of EEOC Stats Confirms Plummeting Number of Charges

  A few weeks ago, our team wrote about the latest charge filing statistics published by the EEOC.  The agency posts records of charges going back to 1997 – 20 years of data.  Since a picture speaks a thousand words, here is the latest information relative to the total number of charges filed with the agency since 1997:     Stepping back and putting the new numbers into their relative place, a few things are made clear.  The overall rise and fall of charges over…

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23 Feb Wisconsin Supreme Court Splashes Cold-Water on the Enforceability of Non-Solicitation of Employee Covenants

  Wisconsin is one of the states which has a statute regarding the enforceability of restrictive covenants.  Under Wisconsin law, such a covenant is enforceable within a specific territory and for a specified time, but only if the restrictions imposed are reasonably necessary for the protection of the employer or principal (Wisconsin Statute § 103.465).   Wisconsin courts historically have applied the statute to all forms of employee limitations, including non-disclosure covenants.  See Tatge v. Chambers & Owen, Inc., 579 N.W.2d 217 (Wis. 1998).  In…

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10 Jan The DOL Just Flipped Its Position on Paying Interns

  Late last week, the DOL effectively revamped the standards for unpaid interns, reversing a rule that had been in place since 2010 and giving private, for-profit employers whiplash.   The FLSA does not define “intern.” However, “[a] person whose work serves only his own interest” is not considered to be “an employee of another person who gives him aid and instruction.”  Walling v. Portland Terminal Co., 330 U.S. 148, 152 (1947).   2010 DOL Standard   The DOL upended that long-standing rule in 2010…

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04 Dec Holiday Road – Avoiding Potholes in Holiday Parties

  Well, it’s already December (where did the year go?) and we’re all thinking about the most wonderful time of year – cutting out early and going to office parties! Parties are a great way to reward staff, celebrate accomplishments, foster teamwork, and create the foundation for another great year. What could possibly go wrong?   The annual holiday party is rife with traps for the unwary:   What’s in a Name?   For starters, what do you call the event? How about a “Christmas…

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