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BT Currents - Hot Topics in Employment Law

13 Aug Employees May Soon Have Something To Lose In FLSA Lawsuits

Fair Labor Standards Act | BT Currents

The deck in Fair Labor Standards Act lawsuits has long been stacked against employers. Even if the employer wins at trial, its legal fees and costs will likely be hefty – six figures or more. And if the employer loses, it may have to pay double – or even triple – the plaintiffs’ actual damages and the plaintiffs’ costs and fees, on top of its own costs and fees.  It can feel like employees have nothing to lose and like employers are destined to “lose”…

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10 Aug “Blue-penciling” saves the day in noncompete cases – sometimes, but not always

Noncompetes and Trade Secrets | Jennifer Cerven

In the sue-or-be-sued world of post-employment restrictive covenants, the outcome ultimately hinges on which side can convince a judge that it is entitled to have its way. To enforce, or not to enforce – that is the question that judges are called upon to decide.  And sometimes the answer is to enforce but with limitations.   A recent case from the U.S. Seventh Circuit Court of Appeals is a reminder that in some jurisdictions a judge can exercise discretion to narrow an overly broad covenant…

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31 Jul Challenge to NLRB “Ambush Election Rules” Fails

Traditional Labor | BT Currents

Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia has granted summary judgment in favor of the National Labor Relations Board (NLRB) in a highly-publicized action brought by the Chamber of Commerce and a District of Columbia construction company challenging the unprecedented representation case procedures adopted by a split NLRB in 2014. Chamber of Commerce of the United States of America, et. al. v. National Labor Relations Board, Civil Action No. 15-0009 (July 29, 2015). Commonly known in media reports…

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30 Jul The South May Rise Again Someday, But Not In Your Workplace

Employment Discrimination | Doug Oldham

The recent debate over the South Carolina State House’s flying of the Confederate flag has stirred up a great deal of controversy. Most Americans believe the flag is a symbol of bigotry and oppression and demanded the immediate removal of the symbol of the Confederacy. A small vocal minority of Americans, however, have rallied around the Stars and Bars, claiming it stands not for racism, but instead for Southern heritage and pride. Many in this group of supporters, both in the South and around the…

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30 Jul Silencing the Lion King

Employment Discrimination | Hans Murphy

By now you may have heard of Dr. Walter Palmer, the Minnesota dentist/hunter who has risen to global infamy for allegedly shooting Cecil the Lion. What you may not have heard is the recent revelation in the news that he was sued by a former employee for sexual harassment and that he settled out of court for $127,500. According to news reports, the good (or not so good depending on your point of view) doctor is reputed to have settled the case to resolve it…

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