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BT Currents - Hot Topics in Employment Law
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29 Dec 2017 Asking: “How much do you currently make?” in 2018?

  Not in California.  California law (A.B. 168) is the latest in a batch of state and local laws prohibiting employers from asking job candidates how much they currently or have made.  It takes effect January 1.  Candidates can voluntarily disclose their salary history and in that case the employer can use that information in setting initial compensation.  Employers are also required to provide job candidates with a pay scale for the positon upon request.   New York City’s pay history inquiry ban went into…

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04 Apr 2017 Putting the Matter to Rest: California Court Rules Commission-Pay Employees Must Be Compensated Separately for Rest Breaks

  Delivering a stiff blow to a California retail furniture company employing commission-pay employees, the California Court of Appeals for the Second Circuit recently ruled that employees paid on a commission or piece-rate basis must be paid separately for their rest breaks. The decision in Vaquero v. Stoneledge Furniture, LLC, followed the filing of a class action suit by two commission-based sales associates at Stoneledge Furniture LLC, a retail furniture company doing business in California as Ashley Furniture HomeStores.   The plaintiffs, Vaquero and Schaefer,…

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18 Dec 2014 Retailers, Janitorial Firms and Security Services Need to Learn About San Francisco’s New “Retail Workers’ Bill of Rights”

California retail establishments with operations in San Francisco should prepare to comply with the new “Predictable Scheduling and Fair Treatment for Formula Retail Employees Ordinance” law, dubbed the “Retail Workers’ Bill of Rights” by its proponents. This new law, which is the first of its kind in the United States, applies to “formula retail establishments” and their contractors, and requires them to provide employees with advance notice of work schedules, compensation for last-minute schedule changes and on-call shifts, and equal treatment of part-time and full-time…

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11 Dec 2014 Unanimous Supreme Court Denies Compensation for Time Spent in Security Checks

On Dec. 9, 2014, U.S. Supreme Court issued a unanimous decision that the Fair Labor Standards Act (FLSA) does not require an employer to pay its employees for time spent undergoing security screenings at the end of their shifts. Justice Thomas wrote the Court’s opinion in Integrity Staffing Solutions, Inc. v. Busk, with Justice Sotomayor filing a concurring opinion which Justice Kagan joined. Barnes & Thornburg has issued an Employment Alert on this case which can be found here.  This case has been closely watched…

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10 Nov 2014 Five Distinctive Things About Ohio and Employment Law LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

As an employer lawyer in Columbus, I have to make this week’s letter O be for Ohio. Here are five distinctive things that help define Ohio employment law: Ohio is a very pro-enforcement noncompete state. Two key variations in state laws largely shape the enforceability of noncompetes in a state. One, will courts modify an overly broad noncompete to “make it enforceable?” Two, is continuing employment sufficient consideration to support a noncompete (as opposed to some additional consideration being required)? Ohio has given an unambiguous…

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10 Dec 2012 “Employee” Status Not Necessarily Dependent on Compensation

While Title VII discrimination claims apply only to “employees” and “employers,” the statute’s definitions of those terms are spectacularly unhelpful. An employee is someone who is employed by an employer. 42 U.S.C. § 2000e(b) & (f). Thanks, Congress! In light of this thoroughly circular definition, courts use agency principles to determine employment status when such is not clear. An illustrative opinion was recently issued by the Northern District of Illinois in Volling v. Antioch Rescue Squad. In Volling, one of the main questions was whether the members…

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