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BT Currents - Hot Topics in Employment Law

06 Nov Will Chicago be the next big city to pass a predictive scheduling law?

It’s hard to predict the future fate of Chicago’s proposed Fair Workweek Ordinance, particularly in an election year.   But the Chicago City Council may have taken a step closer this week when it created an Office of Labor Standards to put teeth into its relatively new Paid Sick Leave and Minimum Wage ordinances.   The new Office of Labor Standards will include a staff of five to address employee wage-and-hour complaints and investigate employers for possible ordinance violations. It could also be assigned oversight…

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08 Oct Ninth Circuit Destroys Uber Drivers’ Misclassification Suits

On September 25, a three-judge Ninth Circuit panel ruled unanimously that Uber Technologies Inc.’s arbitration agreements with its drivers are enforceable, based in part on the recent Epic Systems Corp. v. Lewis ruling issued by the U.S. Supreme Court.   The Ninth Circuit’s decision effectively dismantles a class of hundreds of thousands of Uber drivers who alleged that they were misclassified as independent contractors instead of employees. As a result, any Uber drivers who seek to pursue their misclassification claim must do so through individual…

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05 Oct Can Charter School Teachers Unionize? Here’s How to Know

In many states, charter schools are a creature of statute often operating within the blurred line between public oversight and private ownership, which places them in a legal grey area when it comes to federal labor statutes.   The National Labor Relations Act (“NLRA”) applies to most private employers, but its jurisdiction does not extend to the federal government or any state or political subdivision thereof. Although the NLRA does not define “political subdivision,” it has long been defined to include two situations: when an…

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20 Sep New FCRA Form for Pre-Employment Background Checks Starts Sept. 21

Employers who routinely use third party credit reporting agencies for pre-employment background screening have a new requirement due to recent changes to the Fair Credit Reporting Act (FCRA). Starting September 21, 2018, employers that use background checks must notify job applicants and employees of their rights under the FCRA using a new “Summary of Consumer Rights” form. Failure to provide the correct notification can expose employers to legal risk, including class action litigation. The primary change to the form relates to disclosures regarding the consumer’s…

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10 Sep Paid Sick Leave And Minimum Wage: What’s Next For Michigan Employers

On September 5, 2018, Michigan’s Republican majority legislature adopted ballot proposals concerning minimum wage and paid sick leave. With that step, legislators removed both proposals from the November general election ballot.   This means legislators retain the ability to amend either law with a simple majority vote instead of the three-fourths vote required to amend a ballot initiative if it were passed by voters in November. The Michigan legislature can amend either or both laws before their March 2019 effective dates – either during the…

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