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
BT Currents - Hot Topics in Employment Law
0 0

08 May 2017 House Passes Bill to Legalize Comp Time in the Private Sector

  Employers and employees may soon have more flexibility in how and when overtime gets paid. Last week the U.S. House of Representatives passed the Working Families Flexibility Act (WFFA), a law that would amend the Fair Labor Standards Act (FLSA) by allowing employers to offer, and employees to accept, “comp time”­ instead of cash payment for hours worked over 40 in a workweek. “Comp time” is generally defined as paid time off that is earned instead of receiving cash payment for overtime. It is…

READ MORE
0 0

06 Apr 2017 Lesson: Don’t Underestimate Court’s Ability to Change Its Mind Minor Leaguers’ Wage Suit Gets Certified and Comes Back From the Dead

  While Major League Baseball (MLB) can celebrate its new season, which began on April 2, the last pitch has yet to be thrown when it comes to addressing a minimum wage and overtime lawsuit filed by thousands of minor league players.   A lawsuit filed by a class of thousands of Minor League Baseball (MiLB) players in February 2014, which is part of a feeder system into MLB clubs, claims that minor league ballplayers are not paid the proper minimum wage or overtime. The…

READ MORE
0 0

30 Dec 2016 The DOL’s Final Rule on Life Support?

  Earlier this year, the Department of Labor (DOL) issued its long-awaited final rule updating the salary level for workers who are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). The final rule, also commonly known as the overtime rule, was supposed to go into effect on Dec. 1, 2016.   As readers of this blog are aware, the update was met with fierce opposition from business groups and employers. In September, a group of 21 states and various business groups…

READ MORE
0 0

22 Nov 2016 December 1 Overtime Rule Blocked Texas Court GRANTS 21-State Emergency Motion for Preliminary Injunction

  At the eleventh hour, U.S. District Judge Amos Mazzant of the East District of Texas ruled in favor of 21 states and issued a nationwide injunction against the U.S. Department of Labor (DOL) and its efforts to radically expand the coverage of the Fair Labor Standards Act (FLSA). Specifically, per the order issued in State of Nevada v. United States Department of Labor on Nov. 22:   “… the [DOL’s] Final Rule described at 81 Fed. Reg. 32,391 is hereby enjoined. Specifically, Defendants are…

READ MORE
0 0

21 Nov 2016 Using an Employee’s Social Media Posts to Prove Laziness? Think Again

  Is it permissible for an employer who is subject to an unpaid overtime claim to request an employee’s social media postings over a three-year period? The U.S. District Court for the Middle District of Florida found such requests to be overly broad, unduly burdensome and unreasonable.   A sales representative sued her employer for uncompensated off-the-clock work. During discovery, the employer, Orange Lake Country Club, requested the following information from the employee:   All online profiles, postings, messages (including, without limitation, tweets, replies, retweets,…

READ MORE
0 0

16 Nov 2016 The World According to Trump: Revenge of the Pen – Overturning Obama’s Executive Orders and Employment Policies

  As my teenage daughter would say: “Well, that happened.” As I write this, a little over one week has passed since the end of days, the rain of frogs or whatever apocalyptic description you may choose to describe the election of Donald Trump as the 45th President of these United States. Considering that the Chicago Cubs just won the World Series only a short time beforehand, one may be excused from thinking that the end of time is, indeed, at hand.   There can…

READ MORE
0 0

14 Nov 2016 The World According to Trump: A Prologue

  What happens now? How will the election of Donald Trump affect labor and employment policy across this country? What will happen to the DOL, EEOC, NLRB, and OFCCP? If the hallmark of the Obama Administration has been Executive Branch activism, what will happen under the Trump Administration? And, what can we expect from a President Trump whose early post-election decisions appear, at least in some measure, less dramatic than his campaign rhetoric?   This week, the Barnes & Thornburg blog team will consider the…

READ MORE
0 0

22 Jan 2016 Meowing Dogs and Barking Cats: Supreme Court Grants Certiorari to Determine Service Advisors’ Eligibility for Overtime Pay

  The Supreme Court recently granted certiorari in Navarro v. Encino Motorcars, LLC, after the Ninth Circuit found that the FLSA exemption for overtime pay does not apply to car dealership service advisors. The relevant FLSA exemption applies to “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles.” Service advisors diagnose vehicle service needs and suggest additional services for the maintenance of vehicles. They are paid on a commission basis only, and receive neither an hourly wage nor a salary.   Car…

READ MORE
0 0

04 Jan 2016 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…

READ MORE
0 0

23 Dec 2015 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…

READ MORE