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BT Currents - Hot Topics in Employment Law

01 Mar EEOC Subpoena Rejected by Tenth Circuit

  In its opinion issued in EEOC v. TriCore Reference Labs, the U.S. Court of Appeals for the Tenth Circuit offered hope to employers within that Circuit facing overly broad information requests and/or subpoenas from the EEOC. Specifically, the Tenth Circuit upheld the denial of the EEOC’s effort to enforce such a subpoena, weighing in on the boundaries placed on the EEOC’s administrative subpoena powers.   By way of background: In this matter, as part of its investigation into a single charge of sex/pregnancy discrimination…

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09 Dec Fifth Circuit Agrees to Expedite Appeal on Overtime Rule Injunction

  The U.S. Court of Appeals for the Fifth Circuit has announced the briefing schedule in the overtime rule appeal being closely watched by both employers and employees alike. In November, U.S. District Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction blocking the Department of Labor’s (DOL) overtime regulations that would have increased the salary threshold underlying the executive, administrative and professional exemptions. This injunction was issued just days before the Dec. 1 effective…

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28 Oct Cook County, Illinois, Approves Increased Minimum Wage for Suburban Workers Beginning Next Year

  Employees making minimum wage in suburban Cook County, Illinois, can look forward to a jump in their wage rate in the years ahead, under an ordinance passed by the Cook County Board of Commissioners earlier this week.   Under the tiered increase set forth in the ordinance, the minimum wage will increase according to the following schedule:   An initial increase to $10 an hour effective July 1, 2017 $11 an hour in July 2018 $12 an hour in July 2019 $13 an hour…

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16 Sep Oklahoma and U.S. DOL Agree to Tag-Team Worker Misclassification Initiatives

  As the effort to stamp-out worker misclassification under the Fair Labor Standards Act continues to run strong, Oklahoma is the latest state to join the U.S. Department of Labor’s Misclassification Initiative. Specifically, the Oklahoma Employment Security Commission entered into a three-year Common Interest Agreement with the U.S. DOL’s Wage and Hour Division, under which the agencies agree to share data, exchange information, and coordinate investigations and other enforcement actions within Oklahoma. As part of this collaboration each agency will be responsible for designating a…

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03 Aug Massachusetts Mandates Pay Equity

  Earlier this week, Massachusetts Gov. Charlie Baker signed into law “An Act to Establish Pay Equity,” which will go into effect July 1, 2018, and mandates:   No employer shall discriminate in any way on the basis of gender in the payment of wages, or pay any person in its employ a salary or wage rate less than the rates paid to its employees of a different gender for comparable work; provided, however, that variations in wages shall not be prohibited if based upon:…

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