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BT Currents - Hot Topics in Employment Law

30 Jul Eleventh Circuit Overturns Dismissal of Race-Based Minimum Wage Statute Challenge

On July 25, 2018, the U.S. Court of Appeals for the Eleventh Circuit overturned the Northern District of Alabama’s dismissal of a challenge to Alabama’s Minimum Wage and Right-to-Work Act (the “Act”) on the basis that the Alabama State Legislature may have violated the Fourteenth Amendment in enforcing the Act. In April 2015, the City of Birmingham – which is 72 percent African American and 30 percent below the poverty line – passed an ordinance to raise its minimum wage from $8.50 per hour to…

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29 Dec As Predicted, DOL Proposes Changes to Tip Pool Rule

As predicted in an earlier post, the U.S. Department of Labor has issued a Notice of Proposed Rulemaking which would alter its 2011 rule on tip pooling.  The 2011 rule prevented employers from requiring tipped employees from sharing their tips with traditionally non-tipped workers.  Under the proposed rule, employers who directly pay tipped employees the full minimum wage may require those employees to pool their tips with traditionally non-tipped employees.   The Fair Labor Standards Act (“FLSA”) generally requires employers to pay employees the minimum…

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08 Jun Ohio Court Finds New Local Minimum Wage Law Unconstitutional on Technicality

  A Franklin County, Ohio, judge has invalidated a new Ohio law that prohibited municipalities from enacting pro-employee laws raising the local minimum wage and guaranteeing additional employee rights. The law was found to be unconstitutional, but only on procedural grounds.   Ohio Senate Bill 331 started as an animal welfare bill – it regulated the sale of dogs from pet stores, prohibited cockfighting and bearbaiting, and outlawed bestiality. However, during the lame duck legislative session in December 2016, the House Finance Committee added diverse…

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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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13 Dec Ohio Lawmakers Consider Banning Cities From Raising Minimum Wages

  Be it New York City, Chicago, Los Angeles or other municipalities, it is fairly common for large cities to have higher minimum wages than the states in which they are located. These cities have a more expensive standard of living than smaller municipalities in their states. They also likely are more politically liberal than less urban areas in their states and are more likely to favor pro-employee policies. But in Ohio, state legislators are considering a bill that would prevent Ohio cities from raising…

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