iPhones and Overtime, Part II

From a French law limiting employees' responsibility for after-hours emails to a federal court ruling placing new federal overtime rules on hold, employment law governing overtime pay continues to adapt.

A previous post on this blog discussed a lawsuit in which Chicago police officers alleged that they were issued smartphones and required to use them while off duty, but were not paid overtime. Since that original post, a federal magistrate ruled in favor of the city of Chicago. The court determined that the city did not know that the plaintiffs were working overtime without compensation, in part because other officers did document their overtime use of smartphones and were compensated accordingly.

Wage & Hour Insights has a detailed analysis of the court's ruling:

In short, the rule is simple: employers must make a good-faith, reasonable effort to track all work time for non-exempt employees and pay employees accordingly. The law doesn’t mandate perfection, nor will it hold employers liable for employees who fail to report their time through no fault of the employer. 

An appeal is pending.  In the meantime, the takeaways for employers remain the same (whether considering the future of overtime regulations or employee smartphone usage): establish clear written policies, keep detailed records, and train employees accordingly.

New Law Permits French Employees to Ignore Late-Night Work Emails

French employees now have the right to ignore work-related emails outside working hours after a new law became effective on January 1, 2017.

From the Washington Post:

The new employment law requires French companies with more than 50 employees to begin drawing up policies with their workers about limiting work-related technology usage outside the office, the newspaper reported.

The motivation behind the legislation is to stem work-related stress that increasingly leaks into people's personal time — and hopefully prevent employee burnout, French officials said.

“Employees physically leave the office, but they do not leave their work. They remain attached by a kind of electronic leash, like a dog,” Benoit Hamon, Socialist member of Parliament and former French education minister, told the BBC in May. “The texts, the messages, the emails: They colonize the life of the individual to the point where he or she eventually breaks down.

The "right to disconnect" law is part of a series of reforms designed to relax France's employment regulations.

NHL Expansion Team Faces Trademark Fight

The newest National Hockey League team - the Vegas Golden Knights - is facing a legal battle before its first puck even drops on the ice.  The U.S. Patent and Trademark Office recently issued an Office Action refusing the team's trademark registration, citing a likelihood of confusion with the College of Saint Rose Golden Knights,

The franchise (which is already selling merchandise with its name and logo) has six months to respond to the Office Action and does not plan to change its name.

From ESPN.com:

"We consider this a routine matter and it is not our intention to reconsider the name or logo of this franchise," NHL deputy commissioner Bill Daly said in a statement Thursday. "We fully intend to proceed as originally planned, relying on our common law trademark rights as well as our state trademark registrations while we work through the process of addressing the question raised in the federal applications."

The United States Army has also signaled its opposition to the "Golden Knights" moniker.  The Army's demonstration parachute team has been known as the Golden Knights since 1962, but the name was never protected by federal trademark law.

From the Washington Post:

“For us, the bottom line is the (perceived) connection between the Army and the professional sports team,” [Army spokesperson Alison] Bettencourt said, declining to answer whether the Army will ask the Vegas Golden Knights to change their name before the military’s review is completed.
 
“Our interest in this announcement is meant to protect the proud history of the Army’s Golden Knights and their vital role in telling the Army story and connecting America with their Army,” Bettencourt told the [Fayetteville] Observer.

For comparison, the Columbus Blue Jackets own numerous trademarks, including registrations for CBJ, Blue Jackets, Let Fandom Ring, We Are The 5th Line and a team logo featuring a cannon.

Nine to Five? The Uncertainty of Federal Overtime Regulations

On November 22, 2016, a federal judge in Texas granted a nationwide injunction to prevent implementation of new federal overtime regulations doubling the minimum salary of exempt employees.The ruling, which was issued only days before the rule was to become effective, has created uncertainty for many businesses.

First, it is important to note that this preliminary injunction is only a temporary hold on the overtime rule. The regulation may be implemented in the future, but given potential appeals by the Labor Department, as well as possible changes under the incoming Trump Administration, it is impossible to know when, if ever, the rule may become effective.

What should employers do in the meantime?  At least three general recommendations are in order:

1. Continue to comply with the existing overtime regulations.  Because the new regulation is not in effect, employers are not required to pay overtime wages as provided under the new rule.
   
2. Assume that the new regulation will be implemented in some form, and begin planning accordingly. For instance, our recommendation is that all employers keep detailed records of employees’ hours, whether those individuals work full-time, part-time, or volunteer. Likewise, it is a good time to update employee job descriptions, company policies, and employee handbooks to include specific procedures and guidelines for working overtime (even including such issues as smartphone usage).
   
3. If a business has already advised employees about the salary increase or has actually implemented the increase to keep up with the new federal regulation, it may be best to uphold those changes. Although businesses are not required to do so, honoring such a commitment encourages a relationship of good will between employer and employee. In these cases, employers may wish to consider a written agreement in which the employer will pay overtime wages to those employees who would have been eligible under the new regulation for a limited time period in the discretion of the employer.  

More suggestions are available at The Ohio Employer's Law Blog or The Employer Law Report.

If I Only Had the Words: Billy Joel's Relevance to Attorneys

Too often, the legal profession relies on specialized language (think of terms like jurisdiction, quitclaim, and fiduciary) without considering that such terms may confuse and discourage clients or other non-professionals. Whether addressing a court or a layperson, it is essential for attorneys to communicate well.

This weekend, attorney Christian Brill will discuss this important issue using an unlikely source - the music of Billy Joel. The presentation is part of “It’s Still Rock and Roll to Me”: The Music and Lyrics of Billy Joel, a scholarly symposium to discuss the impact of the Piano Man.

Brill's presentation will discuss the need for effective legal communication and how the lyrics of Billy Joel have been used in legal writing and opinions to interest, persuade, and illuminate readers. For example, judges have incorporated Joel lyrics into opinions on such varied matters as child support (“I Go To Extremes”) and arson (“We Didn’t Start The Fire”).