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The Legal Stuff
BT Currents - Hot Topics in Employment Law
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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…

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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…

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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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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…

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31 Jul 2014 An Employer’s Liability Under The FLSA Can Be High

  Timekeeping software that automatically deducts meal break time from employee paychecks can be problematic for employers. This is because employees sometimes work through their meal breaks, and that exposes employers to liability under the Fair Labor Standards Act (the FLSA). The FLSA requires employers to pay employees for all of the time that the spend working – including the time that they spend working through their meal breaks.   We’ve mentioned all of this before. What we haven’t mentioned previously is how quickly the…

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18 Jul 2014 Collective and Class Actions: Interns, Assistant Managers – and their Lawyers! LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

  While working through an alphabet of employment issues is not an exact science, the letter C must belong to collective and class actions. Collective and class actions in the employment arena are a longer term trend where a group of people with allegedly common legal issues can come together in a single action.   Often these actions involve very small alleged wrongs – ever receive a check for a few bucks in the mail because you, without lifting a finger, were part of a…

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19 Jun 2014 Revisiting Judicial Approval of Fair Labor Standards Act Settlements

  Over the past few weeks, there have been a slew of reported decisions in which federal judges have struck down proposed settlements of Fair Labor Standards Act claims. As many employers familiar with the FLSA know, court approval has long been recognized as a prerequisite for settling FLSA claims. Typically, court approval is not a difficult process: by the time the parties seek out the court’s blessing, they already have hammered out most of the terms following arm’s length negotiations. In other words, all…

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04 Jun 2014 Apple Employees Survive Summary Judgment in FLSA Bag Check Class Action

  Last week, in Frlekin v. Apple Inc., the U.S. District Court for the Northern District of California denied Apple’s motion for summary judgment in a Fair Labor Standards Act case filed by a class of its employees working in Apple Stores around the country. A class of current and former non-exempt specialists, managers, and Genius Bar employees claim Apple requires its hourly employees to undergo unpaid security checks each time they go off the clock for a meal break or at the end of…

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08 Apr 2014 Act One in Unpaid Intern Appeal Has Begun

  Act One has begun in the appeal of the unpaid movie and publishing interns.  The scene starts with adversaries finding themselves in the unusual position of playing the role of the appellant at the same time.  Cut to a flashback when last year, two New York federal district court judges reached contrary conclusions in the two separate cases that had been filed, with one judge granting and the other denying class certification.  Fast forward past the court’s granting interlocutory appeals in both cases and…

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29 Jan 2014 Supreme Court Rules That Donning And Doffing Time May Not Be Compensable

On Monday, the Supreme Court ruled in Sandifer v. U.S. Steel, unanimously holding that employees’ time spent donning and doffing protective gear was not compensable under the Fair Labor Standards Act because that time had been excluded from compensation in a collective bargaining agreement. A class of current and former U.S. Steel employees filed suit under the FLSA for back pay for time spent donning and doffing protective gear that U.S. Steel required them to wear. U.S. Steel claimed the time was not compensable under…

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