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BT Currents - Hot Topics in Employment Law

28 Jun Seventh Circuit Revisits Contractor Misclassification

Courts in the U.S. have been grappling with the misclassification of independent contractors for more than 20 years. As our readers well know, there is no standardized test to determine whether a worker is a contractor. Various courts and government agencies all have adopted their own criteria. Fortunately, most of them overlap, but there can be critical differences in the factors and how they are applied.   In 2015, the Wage and Hour Division of the U.S. Department of Labor (DOL) firmly supported the “economic…

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14 Jun Supreme Court Says No To Repeat Class Actions After Statute Of Limitations

On June 11, the U.S. Supreme Court unanimously held that filing a class action lawsuit does not toll the statute of limitations for the class to file the same claims again in the future. This means that if the class files claims but is denied class certification, it cannot return to court and file the same claims again if the limitations period expired during the course of the previous litigation.   In China Agritech, Inc. v. Resh, a class of stockholders timely filed a lawsuit…

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18 May The $8 Million Burrito; Or How Not To Conduct Video Surveillance

Many employers install video surveillance to stop theft and provide helpful evidence to support their employment decisions.  From a legal standpoint, video surveillance generally is allowed if reasonable – monitoring the cash register is fine; installing a camera in a bathroom stall obviously is not.  In truth, the vast majority of what is surveilled is frankly, boring: the camera largely becomes a forgotten silent witness to the daily grind.  Hardly anyone ever watches what the camera records and no one would ever want to look…

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02 May California Supreme Court Ruling to Give More Workers Employee Status

On Monday, the California Supreme Court issued an opinion in Dynamex Operations West Inc. v. The Superior Court of Los Angeles County, which reversed nearly three decades of precedent by rejecting the longstanding Borello worker classification test. The opinion effectively expands the number of workers that will be deemed as employees for purposes of California wage orders, ultimately granting such workers benefits, minimum wage, and overtime compensation, as well as rest and meal breaks.   As a result of this decision, California employers will have…

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24 Apr B is for “Bias” – Is Bias The Not-So-New Cause of Discrimination?

  Starbucks made national news earlier this month when two black men were arrested after refusing to leave a store.  News accounts reported that a store manager called 911 after the men remained in the store and asked to use the restroom but had not yet made a purchase.  The fallout from this event was notable to say the least: protests, calls for boycotts, and even an apology from the CEO.  The incident further has sparked a discussion on implicit bias, especially after the national…

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