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The Legal Stuff
BT Currents - Hot Topics in Employment Law

02 May California Supreme Court Ruling to Give More Workers Employee Status

On Monday, the California Supreme Court issued an opinion in Dynamex Operations West Inc. v. The Superior Court of Los Angeles County, which reversed nearly three decades of precedent by rejecting the longstanding Borello worker classification test. The opinion effectively expands the number of workers that will be deemed as employees for purposes of California wage orders, ultimately granting such workers benefits, minimum wage, and overtime compensation, as well as rest and meal breaks.   As a result of this decision, California employers will have…

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30 Jan What’s the EEOC Up To These Days?

  Are you curious as to what the EEOC has been up to in the past year? The wait is over — in its 2017 Enforcement and Litigation Data released last week, the EEOC identified the volume and types of workplace discrimination charges keeping its staff busy during FY2017 (ending in September 2017). While FY2017 saw 84,254 charges coming through the EEOC’s doors, this figure is the lowest the EEOC has seen in 10 years, and reflects a nearly 8 percent drop in charges filed…

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13 Dec Can’t Touch This: Seventh Circuit Panel Backs Tenured Teacher Law

  In Elliott v. Board of School Trustees of Madison Consolidated Schools, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit unanimously upheld a federal district court’s ruling that the layoff provision of Indiana’s 2011 Senate Bill 1 (SB 1) violated the federal Contract Clause when applied retroactively to a teacher who earned tenure before the new law took effect. The decision was issued on Dec. 4.   For more than 80 years, Indiana’s 1927 teacher tenure law has created contractual…

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12 Dec Second Circuit Holds that Hearst Interns are not Employees

  Last week, the U.S. Court of Appeals for the Second Circuit issued a decision upholding an order granting summary judgment in favor of Hearst Corporation, publisher of such magazines as Cosmopolitan, ELLE and Harper’s BAZAAR, finding that the plaintiffs were not illegally deprived wages under the FLSA or New York state law as statutory “employees.” This is the second decision in this case at the Second Circuit as this case previously reached the Second Circuit, but was then remanded back to the District Court…

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28 Nov Accommodate Pregnant Employees and Nursing Mothers, or Expect Consequences

  Employers must provide pregnant employees and nursing mothers with necessary workplace accommodations or face possible legal liability in court. That’s the lesson to be learned from a recent case that is one of the first to analyze and apply certain provisions in Illinois law.   In Spriesch v. City of Chicago, a judge in the U.S. District Court for the Northern District of Illinois recently ruled that a fire department paramedic could proceed with at least some of her claims against her employer alleging…

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