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BT Currents - Hot Topics in Employment Law

16 Jan What’s Old Is New Again: DOL Resurrects Advisory Opinion Letters

  Employers can expect to benefit from real-life answers to some real-employer wage-and-hour questions now that the U.S. Department of Labor (DOL) reinstituted 17 Advisory Opinion Letters that had been originally issued in 2009, but subsequently withdrawn during the Obama administration.   Such opinion letters provide formal, detailed analysis and answers to employers who pose FLSA compliance questions to the DOL. The opinion letters are published on the DOL website, thus any employer who happens to have the same or a similar compliance issue can…

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12 Jan ICE Raids on 7-Eleven Franchise Stores Result in 21 Arrests

  On January 10, U.S. Immigration and Customs Enforcement (ICE) agents commenced employment audits at nearly 100 7-Eleven franchises across the U.S., signaling the biggest crackdown on suspected illegal workers since President Trump took office. The raids resulted in 21 administrative arrests. Following the raids, ICE Deputy Director Thomas Homan said in a statement: “Today’s actions send a strong message to U.S. businesses that hire and employ an illegal workforce: ICE will enforce the law, and if you are found to be breaking the law,…

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11 Jan Are Your Personal and Corporate Electronic Devices and Data Safe When Traveling?

Authored by Mercedes Badia-Tavas and Jeff Papa.   On Jan 4, 2018, U.S. Customs and Border Protection (CBP) issued a guidance, Directive 3340-049A, governing Border Searches of Electronic Devices. The purpose of this directive is to assure that the “authority for border search of electronic devices is exercised judiciously, responsibly and consistent with public trust.” The business community has viewed these searches as a cause of anxiety and concern for all employees regardless of status, that require due diligence and forethought.   Over the past several…

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10 Jan The DOL Just Flipped Its Position on Paying Interns

  Late last week, the DOL effectively revamped the standards for unpaid interns, reversing a rule that had been in place since 2010 and giving private, for-profit employers whiplash.   The FLSA does not define “intern.” However, “[a] person whose work serves only his own interest” is not considered to be “an employee of another person who gives him aid and instruction.”  Walling v. Portland Terminal Co., 330 U.S. 148, 152 (1947).   2010 DOL Standard   The DOL upended that long-standing rule in 2010…

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08 Jan Goals for the New Year: Prevent and Better Defend Employment Claims

  As sure as the calendar turns to a new year, there is no doubt that employers will see new employment discrimination charges and employment lawsuits filed.  So now is a good time for a check-up to see if you are well-positioned to minimize the risks of such claims in 2018.  Here are three quick, general pointers:   Clear Expectations. We’ve all seen it, in one form or another – the employee who, when faced with termination, will say: “I didn’t know that could get…

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