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The Legal Stuff
BT Currents - Hot Topics in Employment Law

29 Jun Round Up: Court Rules Rounding Payroll System Permissible Even When (a slight) Majority of Employees Lose Time

A California state appeals court recently held that two California hospitals’ practice of rounding all employee time punches to the nearest quarter-hour was allowed, even when a majority of employees lost time. California law permits employers to round time entries when the payroll rounding system is neutral on its face “without an eye toward whether the employer or the employee is benefiting from the rounding,” and when it does not “systematically undercompensate employees over time.”   In this case, one hospital’s rounding payroll system subtracted time…

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28 Jun Seventh Circuit Revisits Contractor Misclassification

Courts in the U.S. have been grappling with the misclassification of independent contractors for more than 20 years. As our readers well know, there is no standardized test to determine whether a worker is a contractor. Various courts and government agencies all have adopted their own criteria. Fortunately, most of them overlap, but there can be critical differences in the factors and how they are applied.   In 2015, the Wage and Hour Division of the U.S. Department of Labor (DOL) firmly supported the “economic…

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27 Jun Will There Be An Epic Backlash?

By now, most have heard about the U.S. Supreme Court’s May 21, 2018 opinion in Epic Systems Corporation v. Lewis. Epic actually decided a trio of consolidated cases before the high court and held, as a matter of law, that class action waivers within arbitration agreements are enforceable, that is, arbitration agreements between an employee and employer may prohibit the employee from participating in most claims against the employer other than through one-on-one arbitration.   Workers’ advocates are echoing Justice Ruth Bader Ginsburg’s stinging dissent,…

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26 Jun D is for Drugs: Employee Drug Use and What You Should Know

For those left wondering what is really going on in the complicated world of employee drug use (illegal, legal, and “semi-legal”), I thought I would spend this episode of Letter of the Law highlighting a few issues employers face when they know of or suspect drug use by their employees. 1. Drug Testing – Whether and when employers can require drug testing is a loaded question.  Private employers long understood that they were often within their rights to conduct testing for new hires, based on…

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18 Jun What will really move the needle in improving harassment prevention?

I just published an article in the Ohio State Bar Association Labor & Employment news examining which of the hot topics of discussion in the wake of #MeToo are likely to actually decrease workplace harassment.  The question is not whether it is a good idea to improve harassment prevention – even most employers that have done an excellent job complying with their legal requirements and promptly addressing complaints believe there is unreported harassment out there and they want to  find it.   The question is…

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