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BT Currents - Hot Topics in Employment Law

19 Apr Zero-Tolerance for Upside-Down Burritos

  A recent decision from the U.S. Court of Appeals for the Eleventh Circuit provides some useful reminders for employers on the benefits of establishing and enforcing zero-tolerance drug policies and effectively documenting performance actions. The case is Caporicci v. Chipotle Mexican Grill, Inc., Eleventh Circuit Case No. 16-13494.   Like many employers, Chipotle has a drug policy, which prohibits any employee from reporting to work under the influence of alcohol, drugs or controlled substances, and also requires that employees who use medically prescribed or…

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18 Apr DOL Issues New Opinion Letters on Wage and Hour Issues – Compensability of Health-Related Rest Breaks

  The DOL recently issued three new Wage and Hour opinion letters on its website giving employers additional guidance on compensation for travel time, pay for health-related rest breaks as well as whether lump sum payments are subject to garnishments. This demonstrates the commitment of the DOL to re-establish the opinion letter program which was eliminated during the Obama administration.  Back in January, the DOL re-issued 17 opinion letters issued by the Bush administration nine years ago but which had been withdrawn during the Obama…

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16 Apr Know Before You Go: Does the DOL’s New PAID Program Pay Off For Employers?

  Complying with the spider web of statutes, regulations, and DOL opinion letters regarding the FLSA can be a nightmare for employers. Certainly, many of you may recall the furor that resulted just a little over a year ago when the DOL rolled out an update to the salary basis test. Employers across the country scrambled to make sure they could hit the DOL’s new deadlines and requirements, only to have the rug pulled out at the last moment by court order when the regulations…

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06 Apr Sex, Power & the Workplace Responding to the Skeptics. Q &A: Part 3

Today, we’re talking about men and their fears in this #MeToo moment. In our continuing effort to answer sincere questions from skeptics, here’s another good one for consideration:   Why aren’t you talking about men’s fears? And what should men do?   This question was spawned after talking about women’s long-time fears of reporting harassment, including fears of retaliation and of not being believed. Today, men are worried too. Worried, for example, that they will be wrongly accused of something they don’t even remember, or…

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05 Apr Accommodate Much? Restrictive Seventh Circuit Leave Ruling Lives On

  Letter of the Law: A Revival!  No employment lawyer worth her salt would choose anything other than “Accommodation” for the Letter A.  And so it begins….   HR professionals know all too well that the ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities.   While accommodations often include overcoming physical obstacles such as inaccessible workplace areas and unwieldy equipment, they more commonly pertain to workplace rules. For example, employers are asked to change when or where work is performed, leave…

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