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BT Currents - Hot Topics in Employment Law

06 Apr 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…

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30 Dec 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…

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22 Nov 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…

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21 Nov 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,…

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16 Nov 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…

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