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The Legal Stuff
BT Currents - Hot Topics in Employment Law

30 Dec CEO Personally Liable for Company’s Wage and Hour Violations

  As most companies are aware, running afoul of the Fair Labor Standards Act (FLSA) can prove extremely costly. What is likely less well-known, however, is that the company itself may not be the only one required to pay up.  As demonstrated by a recent case out of Pennsylvania, C-level executives may also be on the hook personally for a company’s FLSA violations.   In Perez v. American Future Systems, Inc., a federal district court granted the U.S. Department of Labor’s motion for summary judgment…

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23 Dec A Tale of Two Crews – Companies Failing to Keep Proper Time Records Risk Having Employees Fill the Void

Employees who claim they are entitled to unpaid overtime wages bear the burden of proving that they performed the work for which they were not properly compensated.  However, the Fair Labor Standards Act (FLSA) also requires employers to make, keep and preserve records regarding the total hours that their non-exempt employees work during a workweek. When an employer’s records are not sufficient, a court may “relax” the employee’s burden and allow them to demonstrate overtime compensation through other means – notably through their own testimony…

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22 Dec Nothing Could Be Finer Than To Incorporate In Carolina . . .

If anyone needs another lesson in the benefits of incorporating a company, consider a decision from earlier this week out of the Western District of North Carolina: Magaha v. W&B Trucking Co., et al.   The underlying story is a fairly typical age discrimination claim: longtime worker for company sues after she is permanently laid off at age 67. During her employment, her hours allegedly were cut for no reason and she repeatedly was the subject of age-based jokes and harassment for which she complained,…

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22 Dec DOJ Announces that Criminal OSHA Prosecutions May Also Include Felony Environmental Crimes

On Dec. 17, the Department of Justice (DOJ) announced that criminal prosecutions under the Occupational Safety and Health Act (OSHA), the Mine Safety Act, the Migrant and Seasonal Agricultural Protection Act and the Atomic Energy Act are being moved to the Environmental Crimes Section of the DOJ’s Environment and Natural Resources Division.   Currently, under the OSH Act, an employer can only be prosecuted for criminal penalties in cases where the employer commits a “willful” violation of OSHA regulations resulting in the death of an…

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14 Dec Nip it in the Bud: Employer Considerations Following the Debut of Medical Marijuana in Illinois

Medical marijuana dispensaries in Illinois have officially opened their doors to patients who qualify for the drug under the Compassionate Use of Medical Cannabis Pilot Program Act (the Compassionate Use Act). The program will be in effect for four years, at which point Illinois officials will determine whether the approved uses should be restricted or expanded. While Illinois’ Compassionate Use Act is one of the most restrictive of the 23 states that legalized the use of medicinal marijuana, employers—particularly those with zero-tolerance policies—should be vigilant…

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