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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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06 Dec Michigan Paid Sick Time and Minimum Wage Laws Amended

The Earned Sick Time Act ballot initiative, enacted into law by the Michigan legislature in September, is amended and on its way to Governor Rick Snyder’s desk. Changes were pre-negotiated with the governor’s team, so his signature is expected. Likewise, the minimum wage ballot initiative enacted into law by the Michigan legislature is also amended and expected to be signed by the governor.   The paid sick leave law, now known as the Paid Medical Leave Act, was substantially amended to make it workable for both employers…

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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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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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08 Nov California Employers Can Expect More Employment Litigation in 2019

In light of the #metoo movement, a new law in California will strengthen laws prohibiting all forms of harassment in the workplace.   On Sept. 30, California Governor Jerry Brown signed SB 1300 which, among other things, expands the ability of California employees to file harassment lawsuits against their employers in ways they were not able to in the past. The law takes effect on January 1, 2019.   Most notably, the law expressly rejects the Ninth Circuit’s opinion in Brooks v. City of San…

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