Blog

On December 19, 2017, the United States Court of Appeals for the Ninth Circuit became the fourth federal appellate court expressly to reject the U.S. Department of Labor’s (DOL) six-part test for determining whether interns and students are employees under the Fair Labor Standards Act (FLSA). The DOL had previously published a six-part test in 2010. Under that test, an intern would be considered an employee unless all of the six factors were met. The Second Circuit was the first to reject the DOL’s test in 2015, opting for a non-exhaustive set of seven factors to consider in what it termed the “primary beneficiary test.”

William Ramsey authored an article titled "The Misadventures of the Traveling Employee" for the Defense Trial Counsel of Indiana and The Indiana Lawyer.

The U.S. Citizenship and Immigration Services (USCIS) is requiring the use of a new I-9 Form effective September 18, 2017.

Businesses must follow different state and federal employment laws based on the number of employees. This can be confusing, as different laws have different thresholds.

April 5, 2017 - In a landmark decision almost certainly headed to the United States Supreme Court, the United States Court of Appeals for the Seventh Circuit en banc

William A. Ramsey writes article for the Defense Trial Counsel of Indiana that was published in the Indiana Civil Litigation Review titled "When Can Injured Employees Seek Care from Unauthorized Providers under the Worker's Compensation Act."

The Department of Homeland Security has mandated the use of new I-9 forms starting January 22, 2017.

On November 22, 2016, a Texas federal judge issued an Order that blocks nationwide the new Fair Labor Standards Act salary requirements for overtime and minimum wage exemptions based on executive, administrative, or professional capacity.

In late April, the United States Congress passed the Defend Trade Secrets Act of 2016 (DTSA). The DTSA became effective on May 11, 2016, the date President Obama signed the act into law, and applies to any trade secret misappropriation that occurs on or after that date.

The Department of Labor recently released an updated poster and a new Employer's Guide about the Family and Medical Leave Act.

Article about a federal district court in Connecticut holding that an employer discriminating on the basis of an individual's transgender identity would violate Title VII.

Anthony Stites authors article for Greater Fort Wayne Business Weekly about two lawsuits filed by the EEOC alleging gender-based discrimination.

Barrett McNagny hosted its annual Human Resources Conference at the Memorial Coliseum on Wednesday, February 17, 2016 with more than 400 attendees.

A little-noticed bill signed into law May 5, 2015 provides new protections in the workplace for victims of domestic violence. 

Indiana enacted a Veterans' Preference Law which became effective July 1, 2015. Private employers in Indiana are now allowed to implement a Veterans' preference employment policy providing preference to covered Veterans over other qualified applicants or employees when it comes to hiring, promotion, and/or retention during a reduction in workforce.

Anthony Stites was quoted in Greater Fort Wayne Business Weekly in an article about the National Labor Relations Board decision redefining the term joint employer. 

On August 27, 2015, the National Labor Relations Board issued its decision in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186, which significantly broadened the definition of "joint employer".

The Supreme Court's decision in Obergefell vs. Hodges, could have far reaching implications for employers who have operated under various federal and state laws that regulate the legal and tax treatment for same-sex unions.