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The Legal Stuff
BT Currents - Hot Topics in Employment Law

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   In the unpublished decision in Aldrich v. University of Phoenix, Inc., the court found that the employees each electronically received the arbitration agreements, which were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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24 Oct UPDATE: OSHA Announces Second Delay in Enforcement of Non-Discrimination Provisions

  As we noted on the blog in July, OSHA announced that it would delay the enforcement of the controversial non-discrimination provisions of its electronic recordkeeping rules until Nov. 1, 2016. The original effective date was Aug. 10, 2016. We previously mentioned that the first delay appeared to be in response to a lawsuit and motion for preliminary injunction challenging the legality of the regulations filed in the Northern District of Texas (Texo ABC/AGC, Inc. et al v. Dept. of Labor, et al., Civil Action No. 3:16-cv-1998).  …

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20 Oct Jury Gets to Decide: Are Prolonged Walking, Standing Essential Functions of Employee’s Job?

  A New York federal court has decided to take another look at whether prolonged walking or standing are essential functions of an employee’s job. On Oct. 13, 2016, in the case of Reyes v. Phoenix Beverages, Inc., the U.S. District Court for the Eastern District of New York issued an order that granted employer Phoenix Beverages’ motion for reconsideration in part.   In issuing the order, the court agreed with the employer’s contention that the court had overlooked portions of testimony provided by the…

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