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BT Currents - Hot Topics in Employment Law

24 May SCOTUS Rejects a Rule Neither Employers nor Employees Wanted: Green v. Brennan Decision

In Monday’s Green v. Brennan ruling, the U.S. Supreme Court decided that the limitations period for constructive discharge runs from the date the employee gives notice of the intent to resign. The 7-1 outcome was not a surprise following the questioning by the justices during oral arguments. The justices held that the filing period begins when an employee resigns as a result of discriminatory behavior, not when an employer creates an environment so adversarial that an employee feels forced to resign, previously ruled in 2014…

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20 May New Overtime Rules: All That Glitters Is Not Gold

With apologies to Shakespeare (the above phrase is a slight corruption of his original line from Merchant of Venice, “All that glisters is not gold”), we continue our coverage of the Department of Labor’s (DOL) controversial – to say the least – new overtime regulations. To catch everyone up, earlier this week the DOL issued its final regulations that more than doubled the minimum salary necessary to be considered for the key exemptions from overtime compensation under the Fair Labor Standards Act (FLSA). As of…

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18 May Applications Are Welcome; Drugs Are Not

It’s an oft-heard refrain from many of our clients: “We need good employees.” Not just any employees, but employees who know how to show up for work – consistently and on time. Employees who do good work. And, by the way, who also can pass a drug test.   Maybe it’s the lag effects of legalizing marijuana, or the crippling epidemic of opioids invading our workforce. Regardless, communities and business are seeking (with mixed success) drug-free employees. These challenges are outlined, in small part, in an…

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18 May UPDATED: DOL Unveils New Overtime Regulations

The Department of Labor (DOL) released its anticipated updated white collar exemption rule on May 18.  The new rule will take effect on Dec. 1, 2016, giving employers more time than anticipated to plan for necessary changes.   Vice President Joe Biden is expected to make the formal announcement in Columbus, Ohio, at the beloved Jeni’s Splendid Ice Cream headquarters at 2:30 pm EDT.   According to the White House, “the new rule is expected to extend overtime protections to 4.2 million more Americans who…

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17 May Department of Labor to Issue Finalized White Collar Exemption Rule on Wednesday, May 18

Amid rampant predictions, late on Tuesday, May 17, the White House has announced that the Department of Labor’s (DOL) highly anticipated new white collar exemption rule will be unveiled on Wednesday, May 18.  The new rule will take effect on Dec. 1, 2016, giving employers more time than anticipated to plan for necessary changes.   According to the White House, “the new rule is expected to extend overtime protections to 4.2 million more Americans who are not currently eligible under federal law, and it is…

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