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The Legal Stuff
BT Currents - Hot Topics in Employment Law

09 Nov Latest DOL Opinion Letter Says Goodbye to the 80-20 Rule

If you are a wage and hour rules buff, it is now old news that the Department of Labor has revived an old habit – the issuance of Opinion Letters. These brief policy memos serve as straightforward guidance on a particular issue. Well, the DOL is back at it this week and has issued another new set of Opinion Letters. One in particular is catching the eye of the restaurant and service industry.   In an Opinion Letter issued last week, the DOL has done away…

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31 Aug G is for Golden Standard Does one size really fit all for workplace anti-harassment training?

In the labor and employment world, a question we often must remember to ask our clients is: in which state does the employee work? States’ labor laws vary drastically in every which way, from paid leave requirements to minimum wage amounts—and now anti-harassment guidance.   In response to the #MeToo movement, New York passed legislation this year requiring all New York employers to adopt or create an anti-sexual harassment policy that meets the requirements of the state’s new model policy. The guidance crafted by the…

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27 Jul F is for Fluctuate: Overtime Pay And The Fluctuating Workweek (WTH is FWW?)

While speaking with a client recently about the vast sea of FLSA regulations, a question arose about the use of half-time pay. FLSA’s golden rule for non-exempt employees is one that sounds familiar to many: time-and-a-half pay for hours worked over 40 in a workweek. But what about just half-pay? There is an alternative approach to meeting the FLSA’s overtime requirements that allows employers to pay non-exempt employees on a fixed salary basis. The Department of Labor dubs this method the “Fluctuating Workweek” (or FWW,…

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05 Jul E is for Equal Pay: Pay Data Reporting And The Shifting Meaning Of “Equal Work”

Pay equity among men and women has been a “front and center” topic for years.  President Obama made it one of the high priorities for his administration and signed the Lilly Ledbetter Fair Pay Act as his first piece of legislation in 2009.  While the issue and its surrounding policies are nothing new today (nor were they in 2009), it is still leaving employers scratching their heads and is a fitting topic for the next letter up in our Letter of the Law Series, the…

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26 Jun D is for Drugs: Employee Drug Use and What You Should Know

For those left wondering what is really going on in the complicated world of employee drug use (illegal, legal, and “semi-legal”), I thought I would spend this episode of Letter of the Law highlighting a few issues employers face when they know of or suspect drug use by their employees. 1. Drug Testing – Whether and when employers can require drug testing is a loaded question.  Private employers long understood that they were often within their rights to conduct testing for new hires, based on…

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