Follow Us
twittergoogle_pluslinkedinrssyoutube
Subscribe to the BT Currents Blog

By signing up, you agree to our Terms of Service and Privacy Policy.

Recent Posts
The Legal Stuff
this is the image
BT Currents - Hot Topics in Employment Law
0 0

03 Oct 2012 California Governor Signs Law Prohibiting Explicit Mutual Wage Agreements

Fair Labor Standards Act | Steve Hernandez

On Sept. 30, 2012, California Governor Jerry Brown signed into law dozens of bills, including AB 2103, which prohibits previously permitted agreements between non-exempt employees and their employers by which the employee could agree to a fixed salary covering all hours worked, including overtime. The purpose of these “mutual wage agreements” is generally to simplify payment to employees that work irregular hours. The bill amends California Labor Code section 515 to read, “that payment of a fixed salary to a nonexempt employee shall be deemed to…

READ MORE
0 0

02 Oct 2012 California Creates First State-Run Retirement Plan for Private Sector Employees

Traditional Labor | Rachel Segal

On Sept. 28, 2012, California Governor Jerry Brown signed legislation that will create the nation’s first state-run retirement plan for private sector employees.  The California Secure Choice Retirement Savings Trust is targeted at the more than 6 million low-income, private sector employees whose employers do not offer retirement plans.  The plan will require all employers with more than five employees to withhold 3 percent of employees’ pay unless employees opt out of the plan.  The plan will be administered by a board chaired by the state treasurer, which will select either a private investment firm or the state’s public pension system to invest and maintain the plan’s funds. Supporters of the legislation hail the new retirement plan as providing low-income…

READ MORE
0 0

28 Sep 2012 Federal Court In Washington Rules That Sales Agent Is A Contractor, Not An Employee

Fair Labor Standards Act | Hans Murphy

Earlier this week the Western District of Washington provided a succinct illustration of the difference between independent contractors and employees. In Daskam v. Allstate (Case No. C11-0131RSL), the court shot down an FLSA claim by an Allstate sales agent who alleged that he had been misclassified as a contractor, and in reality, should have been treated as an employee entitled to overtime wage benefits. The sales agent built his case around the fact that he had a long-term relationship with Allstate and that the company…

READ MORE
0 0

27 Sep 2012 Choose Your Words Carefully When Drafting Social Media Policies

Social Media and Technology | BT Currents

Employees engage in statutorily-protected activity, Section 7 of the National Labor Relation Act explains, when two or more of them act together to improve the terms and conditions of their employment.  Employers are prohibited by the Act from restricting employees from exercising their Section 7 rights.  Employers can sometimes unwittingly violate Section 7.  Say your company is drafting a social media policy and you include a line explaining that employees should not use social media to “disparage” their co-workers because you want to keep your…

READ MORE
0 0

25 Sep 2012 California Supreme Court to Review Class Action Arbitration Waivers in Employment Agreements

Traditional Labor | Rachel Segal

As we have been predicting, the issue of class action arbitration waivers has made its way to the California Supreme Court. On Sept. 20, 2012, the Supreme Court granted review of Iskanian v. CLS Transportation of Los Angeles (“Iskanian”), following the Court of Appeal’s decision affirming an order granting the employer’s motion to compel individual arbitration and dismissing the employee’s class claims. Presently, the case will involve three issues: 1.  Did AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), impliedly overrule Gentry v….

READ MORE
0 0

20 Sep 2012 EEOC Educates Teens About Discrimination and Harassment in the Workplace

EEOC, Employment Discrimination | BT Currents

Do you employ teenagers? Then take note: the EEOC just announced new discrimination and harassment prevention efforts aimed at students who are about to enter the workforce. Specifically, the EEOC, through its Youth@Work initiative, created a video and supplemental classroom guides to help students identify situations and actions that may amount to discrimination or harassment in the workplace. Employers who recruit and hire teens need to be aware that the EEOC is placing special focus on this demographic. Further, the EEOC’s announcement is a reminder that employers should emphasize – especially to those who are new to the workforce – that all…

READ MORE
0 0

17 Sep 2012 To Avoid Employer Liability for Harassment, Keep an Eye on “Supervisors”

Employment Discrimination | Jennifer Cerven

The United State Supreme Court on Friday set oral arguments for Nov. 26, 2012, in Vance v. Ball State University, Docket No. 11-556, in which the Court is expected to address the issue of who is a “supervisor” for purposes of employer liability for sexual harassment under Title VII. The question highlights a split among federal circuit courts of appeal on the definition of supervisors, and we provided additional details on the facts of the case in our prior blog entry when the Court granted the petition…

READ MORE
0 0

12 Sep 2012 Unverified EEOC Filing Not Good Enough, Says Northern District of Indiana

EEOC, Employment Discrimination, Pregnancy | Holt Hedrick

As many employers know, before proceeding to court, Title VII discrimination lawsuits must first be filed with the Equal Opportunity Employment Commission (EEOC) or a parallel state agency.  Aiming to protect employees by ensuring that a charging party is at least willing to make his or her claims subject to the penalties for perjury, federal statutory law further requires that the agency charge be filed “in writing under oath or affirmation[.]” 42 U.S.C. § 2000e-5(b). It is this less well known requirement that recently tripped…

READ MORE
0 0

10 Sep 2012 Seventh Circuit Reverses Course on Reassignment Accommodation

Employee Health Issues | Holt Hedrick

In arguably its most significant decision under the Americans with Disabilities Act (ADA) in years, the Seventh Circuit, in EEOC v. United Airlines, Inc., reversed its own previous holdings regarding the viability of competitive transfer policies for disabled employees. The case can be found here.  For over a decade, employers in the Seventh Circuit have been able to rely on EEOC v. Humiston-Keeling, 227 F.3d 1024 (7th Cir. 2000), to adopt perfectly valid policies allowing for disabled employees who can no longer perform the essential…

READ MORE
0 0

07 Sep 2012 Minnesota Employers Prohibited From Agreeing to Not Contest Unemployment Benefits

Traditional Labor | Tina Syring

In July 2012, a new statute took effect in Minnesota and, unfortunately, most employers were not aware of this.  In particular, Minnesota Statute §268.192 now prohibits Minnesota employers from entering into an agreement with an employee to not contest the employee’s application for unemployment benefits or to not provide information in response to the unemployment benefits application in exchange for the employee: (1) quitting; (2) taking a leave of absence; (3) leaving the employment temporarily or permanently; or (4) withdrawing a grievance or appeal of a termination. This new…

READ MORE