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The Legal Stuff
BT Currents - Hot Topics in Employment Law

04 Jan New Year, New Wages

After ringing in 2016, employers may want to skip the eggnog and check their wages to make sure they are properly paying their employees.  On Jan. 1, the minimum wage rates in 14 states went up and all are higher than the federal minimum wage.  These states and rate increases include:   Alaska $9.75 per hour Arkansas $8.00 per hour California $10.00 per hour Connecticut $9.60 per hour Hawaii $8.50 per hour Massachusetts $10.00 per hour Michigan $8.50 per hour Nebraska $9.00 per hour New…

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04 Jan Friend or Foe?: Terminated HR Director Can Bring Retaliation Case, Court Says

  Most readers are aware that an employee who complains – internally or externally – about wage/hour law violations, or virtually any violation of an employment law, has the statutory right not to have an adverse job action taken against him/her because he/she made that complaint. We have discussed such claims before in the Currents blog, including here. It is the protected class of “People Who Have Asserted Their Legal Rights,” and asserting retaliation claims has long been a growth area.   But what about an…

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31 Dec What – This is MY Fault?!? Indiana Supreme Court Expands Employers’ Respondeat Superior Liability for the Acts of their Employees

  Earlier this month, the Indiana Supreme Court issued an opinion in Knighten v. East Chicago Housing Authority which expands employers’ liability for acts of their employees under the doctrine of respondeat superior.   In Knighten, the East Chicago Housing Authority contracted with a security company to provide guards at its facility. One of the security guards was romantically involved with a resident of the Housing Authority. The guard got into an argument with the resident while he was on duty and shot her, paralyzing…

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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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