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BT Currents - Hot Topics in Employment Law
Settlement
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05 May 2017 Avoiding the Danegeld: Discouraging Me-Too Claims Following a Settlement

  A thousand years ago, Viking warriors would invade a town and threaten to destroy it if the townsfolk did not pay a tax called a “Danegeld” (meaning to pay the Dane gold). Of course, once the town paid the Danegeld tax, the Vikings saw the town as an easy mark – one to which they would return to and demand payment all over again. Essentially, this was the Middle Ages equivalent of a mobster shakedown: promising to “protect” your property to make sure nothing…

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01 May 2017 Lessons Learned: Job Descriptions Do Matter

  When was the last time you reviewed the job descriptions of your employees?  At the time of the review, did you ask supervisors to review the job descriptions to see if they were accurate?  What about the employees – did you have each employee review and sign the applicable job description, acknowledging that it accurately described the job duties as performed by the employee?  While there is no legal requirement to regularly update job descriptions (or even to have them), the 11th Circuit’s decision…

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24 Apr 2017 California Supreme Court Throws Down the Gauntlet on Arbitration Waivers

  The California Supreme Court is no stranger to invalidating mandatory arbitration provisions. Recently, however, the court lay down yet another challenge to the U.S. Supreme Court’s AT&T Mobility LLC v. Concepcion case, holding that an arbitration agreement that waives the right to public injunctive relief is unenforceable under California law.   In the case, McGill v. Citibank, N.A., Sharon McGill alleged that Citbank engaged in illegal and deceptive practices in marketing a credit insurance plan she purchased. She filed a class action suit under…

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14 Apr 2017 New Law Opens Door for Public Disclosure of Employer Wage Law Violations

  A new Colorado bill signed into law on April 13 and made effective immediately has opened the door for an employer’s violations of wage laws to be subject to open records requests made to the Department of Labor and Employment, Division of Labor and Standards and Statistics. While the department historically has collected and had access to an employer’s premises, books, records and payroll information, the division was unable to release the information if it might reveal a trade secret. The Wage Theft Transparency…

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06 Apr 2017 Lesson: Don’t Underestimate Court’s Ability to Change Its Mind Minor Leaguers’ Wage Suit Gets Certified and Comes Back From the Dead

  While Major League Baseball (MLB) can celebrate its new season, which began on April 2, the last pitch has yet to be thrown when it comes to addressing a minimum wage and overtime lawsuit filed by thousands of minor league players.   A lawsuit filed by a class of thousands of Minor League Baseball (MiLB) players in February 2014, which is part of a feeder system into MLB clubs, claims that minor league ballplayers are not paid the proper minimum wage or overtime. The…

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04 Apr 2017 Your Questions About Ohio’s New Gun Law Answered

  This post was authored by Bill Nolan and Doug Oldham.   Ohio’s new gun law grants concealed carry licensees the right to carry concealed firearms in more places, such as vehicles, causing many business owners and employers to question how this law will affect guns at their businesses. The law went into effect on March 21. This post answers some business owners’ common questions and concerns.   Question: Does “a person’s privately owned vehicle” include …   A vehicle that is owned by the…

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04 Apr 2017 Putting the Matter to Rest: California Court Rules Commission-Pay Employees Must Be Compensated Separately for Rest Breaks

  Delivering a stiff blow to a California retail furniture company employing commission-pay employees, the California Court of Appeals for the Second Circuit recently ruled that employees paid on a commission or piece-rate basis must be paid separately for their rest breaks. The decision in Vaquero v. Stoneledge Furniture, LLC, followed the filing of a class action suit by two commission-based sales associates at Stoneledge Furniture LLC, a retail furniture company doing business in California as Ashley Furniture HomeStores.   The plaintiffs, Vaquero and Schaefer,…

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30 Mar 2017 Federal Contractor “Blacklisting” Rules Repealed

  As we previously covered, most of the Fair Pay and Safe Workplace Executive Orders and related regulations were halted by an injunction in a Texas federal court in October of last year. However, with President Trump’s recent signature on the joint resolution of disapproval passed by both the House and the Senate pursuant to the Congressional Review Act (CRA) as well as his execution of a new executive order revoking President Obama’s prior executive orders, all of the executive orders and related regulations (referred…

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29 Mar 2017 Liability Waiver in Pre-Employment Disclosure Form is Unlawful, Says Ninth Circuit

  In Syed v. M-I, LLC, the U.S. Court of Appeals for the Ninth Circuit recently held that a prospective employer violated the disclosure requirements of the Fair Credit Reporting Act (FCRA) by including a liability waiver in a job applicant’s pre-employment form. The provision of the FCRA at issue – 15 U.S.C. § 1681b(b)(2)(A) – requires prospective employers to disclose “in a document that consists solely of that disclosure” that they may obtain a job applicant’s consumer report as part of the employment application…

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28 Mar 2017 Update on Trump’s Line-Up for DOL and Supreme Court

  Regulation-weary employers excitedly anticipated the new Trump Administration – and its promises that ranged from repealing the Affordable Care Act to appointing a friendly U.S. Supreme Court Justice to abolishing the fiduciary and overtime regulations. But, change often comes slowly in government, and employer expectations have been frustratingly delayed by some unexpected upsets on Capitol Hill. Apart from the last-minute decision to withdraw the GOP healthcare bill, here’s a quick update on two key Trump nominees.   Secretary of Labor   The ill-fated nomination…

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