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The Legal Stuff
BT Currents - Hot Topics in Employment Law

04 Nov Airline Employee’s Fraudulent FMLA Request Ensures His Claim Never Gets Off the Ground

  If I had to guess, there is probably no statute that brings more frustration or gives employers more fits than the Family and Medical Leave Act (FMLA) – with intermittent leave occupying a special pedestal in this pantheon of exasperation. What to do about the employee who seems to always need FMLA right before or after a planned vacation or a three-day weekend? Admittedly, sometimes there’s nothing that can be done. However, in a recent Fourth Circuit opinion, the court saw through Plaintiff’s request…

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01 Nov 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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28 Oct Arbitration Agreement Enforced Based on Continued Employment

  According to the Sixth Circuit Court of Appeals, two University of Phoenix employees agreed to mandatory arbitration agreements by continuing to work after receiving, but purportedly not electronically signing, the acknowledgment of the agreements.   In the unpublished decision in Aldrich v. University of Phoenix, Inc., the court found that the employees each electronically received the arbitration agreements, which were contained in the employee handbook.  The court also found that the university’s records showed each employee completed the acknowledgment form electronically (both individuals deny…

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28 Oct Cook County, Illinois, Approves Increased Minimum Wage for Suburban Workers Beginning Next Year

  Employees making minimum wage in suburban Cook County, Illinois, can look forward to a jump in their wage rate in the years ahead, under an ordinance passed by the Cook County Board of Commissioners earlier this week.   Under the tiered increase set forth in the ordinance, the minimum wage will increase according to the following schedule:   An initial increase to $10 an hour effective July 1, 2017 $11 an hour in July 2018 $12 an hour in July 2019 $13 an hour…

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25 Oct Down to the Wire: DOL’s “Blacklisting Rule” Enjoined

  A federal judge in Texas has blocked implementation of major portions of the U.S. Department of Labor’s (DOL) Fair Pay and Safe Workplaces rule, the so-called “blacklisting” rule.   Judge Marcia A. Crone of the U.S. District Court for the Eastern District of Texas entered a nationwide preliminary injunction order on Oct. 24 blocking the Oct. 25 implementation date of the DOL rule, along with a related Obama Executive Order, the Federal Acquisitions Regulations (“FAR”) Rule and the DOL’s Guidance regarding the FAR Rule….

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