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The Legal Stuff
BT Currents - Hot Topics in Employment Law
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08 May 2017 House Passes Bill to Legalize Comp Time in the Private Sector

  Employers and employees may soon have more flexibility in how and when overtime gets paid. Last week the U.S. House of Representatives passed the Working Families Flexibility Act (WFFA), a law that would amend the Fair Labor Standards Act (FLSA) by allowing employers to offer, and employees to accept, “comp time”­ instead of cash payment for hours worked over 40 in a workweek. “Comp time” is generally defined as paid time off that is earned instead of receiving cash payment for overtime. It is…

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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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30 Dec 2016 The DOL’s Final Rule on Life Support?

  Earlier this year, the Department of Labor (DOL) issued its long-awaited final rule updating the salary level for workers who are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). The final rule, also commonly known as the overtime rule, was supposed to go into effect on Dec. 1, 2016.   As readers of this blog are aware, the update was met with fierce opposition from business groups and employers. In September, a group of 21 states and various business groups…

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09 Dec 2016 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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22 Nov 2016 December 1 Overtime Rule Blocked Texas Court GRANTS 21-State Emergency Motion for Preliminary Injunction

  At the eleventh hour, U.S. District Judge Amos Mazzant of the East District of Texas ruled in favor of 21 states and issued a nationwide injunction against the U.S. Department of Labor (DOL) and its efforts to radically expand the coverage of the Fair Labor Standards Act (FLSA). Specifically, per the order issued in State of Nevada v. United States Department of Labor on Nov. 22:   “… the [DOL’s] Final Rule described at 81 Fed. Reg. 32,391 is hereby enjoined. Specifically, Defendants are…

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21 Nov 2016 Using an Employee’s Social Media Posts to Prove Laziness? Think Again

  Is it permissible for an employer who is subject to an unpaid overtime claim to request an employee’s social media postings over a three-year period? The U.S. District Court for the Middle District of Florida found such requests to be overly broad, unduly burdensome and unreasonable.   A sales representative sued her employer for uncompensated off-the-clock work. During discovery, the employer, Orange Lake Country Club, requested the following information from the employee:   All online profiles, postings, messages (including, without limitation, tweets, replies, retweets,…

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16 Nov 2016 The World According to Trump: Revenge of the Pen – Overturning Obama’s Executive Orders and Employment Policies

  As my teenage daughter would say: “Well, that happened.” As I write this, a little over one week has passed since the end of days, the rain of frogs or whatever apocalyptic description you may choose to describe the election of Donald Trump as the 45th President of these United States. Considering that the Chicago Cubs just won the World Series only a short time beforehand, one may be excused from thinking that the end of time is, indeed, at hand.   There can…

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01 Nov 2016 Dancer Employees Allegedly Stripped of Wages Through Misclassification

  It has long been argued by many detractors that gentlemen’s clubs objectify women. A group of exotic dancers in Philadelphia has gone a step further and argued that their employer has objectified them as workers by failing to treat them as employees and failing to pay them the minimum wages to which they are entitled. A class of approximately 75 exotic dancers has sued The Penthouse Club under the Fair Labor Standards Act (FLSA) claiming they were wrongly classified as independent contractors and were…

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17 Oct 2016 Overtime Rules Challenge – Business Groups and States Seek Expedited Relief

  As we have covered in a prior blog post, two different lawsuits have been filed in the Eastern District of Texas challenging the new Department of Labor (DOL) overtime regulations that are currently set to take effect Dec. 1. The DOL’s rule more than doubles the current salary threshold for the “white-collar” exemptions.   In the lawsuit filed by the group of 21 states’ attorney generals, they filed an Emergency Motion for Preliminary Injunction on Oct. 12. The states argued that the DOL exceeded…

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21 Sep 2016 The Battle Is Joined: Two New Entrants in the Fight Over New Overtime Rules

  Two new sets of allied combatants have joined the fray looking to overturn the Department of Labor’s (DOL) new overtime regulations and halt the imminent effective date. The DOL’s new rules more than double the salary threshold (to $47,476) for workers to even be considered for the so-called “white collar” exemptions to the Fair Labor Standards Act’s (FLSA) overtime premium requirements and are currently scheduled to take effect Dec. 1.   On Sept. 20, two complaints were filed in the Eastern District of Texas:…

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