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The Legal Stuff
BT Currents - Hot Topics in Employment Law
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08 May 2014 Are You Paying Your Employees Frequently Enough?

  One of the biggest challenges for multi-state employers is keeping up to date with the myriad patchwork of laws across the 50 states. What is acceptable in one jurisdiction may get you in trouble in another, or worse yet – could be illegal and result in a lawsuit. One of those minefields is the assorted wage-payment laws regulating how often employees should be paid.   As veteran HR professionals know, there are steep consequences for not timely paying employees in accordance with the local…

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27 Nov 2013 2nd Circuit to Decide Unpaid Interns’ Class Status

  As I discussed in a prior post, there have been numerous lawsuits filed on behalf of unpaid interns suing their former companies for unpaid minimum wages and overtime. These are even more significant based on the number of potential plaintiffs as these have been brought as collective or class actions under the Fair Labor Standards Act (FLSA) or state law. Recently, the 2nd Circuit Court of Appeals has accepted appeals in two different cases from the Southern District of New York which had diametrically opposed holdings. In the Fox…

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24 Jul 2013 Unpaid Interns Strike Back – Lawsuits on the Rise Alleging Unpaid Wages

  There has been a recent rash of lawsuits filed by unpaid interns against their former employers alleging that they should have been paid minimum wages and overtime. Unfortunately for employers, the plaintiffs have been successful and the lawsuits are escalating both individually and on a class basis.   It all began with a lawsuit by unpaid interns against Fox Searchlight. These interns worked on the film “Black Swan.” On June 11, 2013, a Federal District Court Judge sided with the interns in his decision…

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15 Jan 2013 No Longer A Belieber

The former personal bodyguard of “teen icon” (as he is referred to in the complaint) Justin Bieber has filed suit against the celebrity for California wage and hour violations, among other charges. The bodyguard asserts he regularly worked 14-18 hours a day, seven says a week protecting the Biebs, but was wrongly classified as exempt and never received overtime pay. The bodyguard is also suing for unpaid wages and vacation pay.  The Complaint can be found here. In addition to the employment law aspect, Bieber’s…

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07 Sep 2012 Class Arbitration Prohibited if Not Authorized in Agreement

A California appeals court recently held that a former security officer’s wage-and-hour class action suit must be submitted to arbitration on an individual basis and that class arbitration is prohibited unless expressly noted in the arbitration agreement. In Jesus Reyes v. Liberman Broadcasting, Inc., the California Court of Appeal, Second Appellate District, reversed the lower court’s denial of the employer’s motion to compel arbitration based on the arbitration agreement Reyes signed before working for Liberman Broadcasting, Inc. (LBI).  In this arbitration agreement, Reyes agreed to arbitrate…

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25 Jun 2012 What Managers Can Learn from Lilly Ledbetter

At first blush the autobiography of famed Equal Pay Act plaintiff Lilly Ledbetter might not seem all that much of a draw for those whose work involves defense against employment discrimination claims.  Yet the recently published book, Grace and Grit: My Fight for Equal Pay and Fairness at Goodyear and Beyond, (Crown Archtype 2012) has much to offer for employment lawyers, human resource executives, and front-line managers who are involved in employment law compliance. We all know how the story ends – with the enactment…

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