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

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
0 0

13 Aug 2015 Employees May Soon Have Something To Lose In FLSA Lawsuits

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”…

READ MORE
0 0

06 May 2015 Employers Won’t “Like” Ruling Allowing Class Action Notifications via Social Media

A New York federal court recently approved a proposal that would allow potential class members to be notified of a collective action via Facebook, Twitter or LinkedIn. In Mark v. Gawker Media LLC, a class of former unpaid interns claims Gawker violated the Fair Labor Standards Act and the New York State Labor Law. The plaintiffs are unaware of any mail or email address for 55 of the former Gawker interns who are potential class members, so they proposed reaching out to the potential class…

READ MORE
0 0

29 Jan 2015 Not So Fast: Parties Cannot Impose Confidentiality Restrictions on Judicially Approved FLSA Settlements

Most employers are familiar with the procedure for resolving complaints filed by employees: draft a settlement agreement, sign off and then file a notice or stipulation formally dismissing the case with the court. Typically, the settlement agreement includes familiar terms, such as a release of all claims and some kind of promise to keep quiet about the settlement.   But, FLSA cases are a different animal. These cases normally require a judge to sign off on settlement terms. Conceptually, this sounds easy enough; all of…

READ MORE
0 0

26 Jan 2015 X-Rays Shipped Out of State Help Employee Keep Issue of FLSA Coverage Alive LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

We have been working through the alphabet with employment law topics and the dreaded X week has arrived, but fortunately there is a 2014 FLSA case involving X-rays that demonstrates the difficulty for an employer of defeating FLSA coverage. In Gashlin v. International Clinic Research, the U.S. District Court for the Middle District of Florida denied the employer’s motion for summary judgment asserting that Wendy Gashlin was not covered by the Fair Labor Standards Act. Ms. Gashlin, a clinical research employee, claimed she worked more…

READ MORE
0 0

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…

READ MORE
0 0

19 Nov 2014 Don’t Disregard Your Employees’ Rights, Even If They’re Strippers

On Nov. 14, a New York federal judge granted summary judgment and awarded $10,866,035.00 to a class of exotic dancers from Rick’s Cabaret after finding that the gentlemen’s club had violated the Fair Labor Standards Act and the New York Labor Law. The court previously found that Rick’s Cabaret had impermissibly classified its dancers as independent contractors instead of employees to skirt minimum wage laws. In fact, the plaintiffs should have been classified as employees based on the control Rick’s Cabaret exercised over them. The…

READ MORE