Baseball Players File FLSA Claim, OT Changes, and more

The OperationsInc Navigator
August 19, 2016
Lawsuit Filed Against MLB as Minor Leaguers Seek OT Pay, Minimum Wage

A St. Louis law firm is representing minor league baseball players in a what boils down to a wage and hour lawsuit against Major League Baseball (MLB). The Jacksonville Sun reports that “the suit contends that it is illegal for minor leaguers to be paid less than the minimum wage and not receive overtime. It (also) seeks back pay and damages.” The Sun reports that the case has turned into a class action suit with over 2,300 plaintiffs, and that MLB has petitioned Congress to have players ruled exempt from the Fair Labor Standards Act (FLSA). The suit, which will go to court in February 2017, will start two months after the new FLSA rules regarding minimum salary thresholds go into effect on December 1st.

 

21st Century Fox Claims “Robust Compliance Structure” – Claim Unaware of Ailes Prior Misconduct

Thanks to New York State law that gives victims of sexual harassment three years from the time of misconduct to sue, female employees of Fox News continue to come forward in the wake of former anchor Gretchen Carlson’s lawsuit against former Fox News chair Roger Ailes. The Wall Street Journal reports that parent company 21st Century Fox has launched an internal investigation, stating that Fox News operated with autonomy, and claiming that the parent company had no knowledge of a lawsuit against Ailes and Fox News settled in 2011 with a former female employee for $3.15M. The media giant claims it has a “robust compliance structure and strong controls embedded across our company”, but experts say the key issue is whether employees reported misconduct to their managers, who then turned a blind eye. 
 
Report Says that 93% of Millennials Are Eager to Learn About New Job Opportunities
A recent LinkedIn study revealed that 93 percent of Milennials are eager to learn about new job opportunities, and 30 percent plan to leave their current company within the next 12 months. Inc. reports that the study also showed that the top two reasons Millennials move on to a new job are increased pay and benefits, and greater levels of career opportunity. So how can businesses keep their Millennial talent from leaving? Inc. says that the Millennial generation seeks professional development and coaching, and are more likely to stay with a company who provides these types of resources. 
DOL Throws $2.3M Fine at Massachusetts Construction Cos for Misclassifying Workers
The Department of Labor (DOL) has saddled two Massachusetts construction firms with over $2.3M in fines for failing to pay over 478 employees overtime pay. The Connecticut Business & Industry Association (CBIA) reports that Force Corp. and AB Construction Group must also pay $262,900 in civil penalties for the “willful nature of their violations”, and are also ordered to take “corrective actions to prevent further violations of federal labor law”. The construction companies had misclassified workers as Independent Contractors, a misclassification that has received increased scrutiny from the DOL in recent years. 
FLSA Changes and Wage Theft Protection Act Notices

Changes to the Fair Labor Standards Act (FLSA) will be put into effect on December 1, 2016, and may cause employers to have to reclassify workers whose salaries do not meet the new thresholds set by the Department of Labor. New York employers should be advised that any reclassification of workers will result in the need to distribute new Wage Theft Prevention Act notices to impacted employees.

2016 EEO-1 Survey Notification Letters
Notification letters have been sent by the Equal Employment Opportunity Commission (EEOC) alerting relevant employers that the 2016 EEO-1 survey is now open. Private employers with more than 100 employees, as well as certain federal government contractors, are required by federal law to submit the survey by the deadline of September 30, 2016. 
Updates Made to Federal Labor Law Posters

Effective August 1, 2016, employers are responsible for posting two newly updated Federal labor law posters. The Fair Labor Standards Act (FLSA) Minimum Wage Poster has been updated to reflect changes that include information pertaining to the rights of nursing mothers and information related to tip credits. The Federal Employee Polygraph Protection Act Poster has been also updated, and reflects changes to the Department of Labor’s contact information. 

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