Follow Us
twittergoogle_pluslinkedinrssyoutube
Subscribe to the BT Currents Blog

By signing up, you agree to our Terms of Service and Privacy Policy.

Recent Posts
The Legal Stuff
BT Currents - Hot Topics in Employment Law

15 Aug Common Sense Prevails in California Wage Victory, Falters in PAGA Action

Section 226 of the California Labor Code requires employers to provide and maintain accurate wage statements, including all applicable pay rates. A plaintiff is “injured” “if the accuracy of any of the items… cannot be reasonably ascertained from the four corners of the wage statement.”   In the recent case Raines v. Coastal Pacific Food Distributors, Inc., an employee sued her employer complaining that she could not readily figure out her overtime wage rate without using a calculator. She also brought a similar PAGA action…

0 0
READ MORE

14 Aug Does Your Non-Compete Agreement Survive Under Massachusetts’ New Non-Compete Law?

The Bay State’s long-anticipated non-compete law has finally hit the books. After years of debate, speculation, and worry, the final result does not appear to be as bad for employers as we feared.   The Basics   First, let’s review what the new Massachusetts law does not do.   The law – which impacts agreements entered into on or after October 1, 2018 – only applies to non-competes, or similar provisions under which an employee promises not to compete with the employer after the employment…

0 0
READ MORE

30 Jul Do You Think Your Harassment Training Is Changing Behavior?

Recently I shared on Currents an article I wrote about a wide variety of topics that have come as remedies to the ongoing harassment problem highlighted by months of #MeToo, where I suggest that new and creative ways of training and of finding unreported harassment will be more significant than some of the initial legislative focuses.  Drilling further, in this article, I ask employers:  Do you think your current annual training or video is really changing behavior?   Specifically, I submit there are two primary…

0 0
READ MORE

30 Jul Eleventh Circuit Overturns Dismissal of Race-Based Minimum Wage Statute Challenge

On July 25, 2018, the U.S. Court of Appeals for the Eleventh Circuit overturned the Northern District of Alabama’s dismissal of a challenge to Alabama’s Minimum Wage and Right-to-Work Act (the “Act”) on the basis that the Alabama State Legislature may have violated the Fourteenth Amendment in enforcing the Act. In April 2015, the City of Birmingham – which is 72 percent African American and 30 percent below the poverty line – passed an ordinance to raise its minimum wage from $8.50 per hour to…

0 0
READ MORE

27 Jul F is for Fluctuate: Overtime Pay And The Fluctuating Workweek (WTH is FWW?)

While speaking with a client recently about the vast sea of FLSA regulations, a question arose about the use of half-time pay. FLSA’s golden rule for non-exempt employees is one that sounds familiar to many: time-and-a-half pay for hours worked over 40 in a workweek. But what about just half-pay? There is an alternative approach to meeting the FLSA’s overtime requirements that allows employers to pay non-exempt employees on a fixed salary basis. The Department of Labor dubs this method the “Fluctuating Workweek” (or FWW,…

0 0
READ MORE