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BT Currents - Hot Topics in Employment Law

24 Sep Don’t Get Stuck in the Political Bubble

There is a famous quote attributed to New York film critic Pauline Kael about the 1972 presidential election: “I can’t believe Nixon won. I don’t know anyone who voted for him.”   That year, Nixon carried 49 states – at the time, it was the largest electoral landslide in U.S. history. Clearly, a lot of people the critic did not know had voted for Nixon. The quote still resonates and often is cited as an example of provincialism and how living in a bubble can…

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20 Sep New FCRA Form for Pre-Employment Background Checks Starts Sept. 21

Employers who routinely use third party credit reporting agencies for pre-employment background screening have a new requirement due to recent changes to the Fair Credit Reporting Act (FCRA). Starting September 21, 2018, employers that use background checks must notify job applicants and employees of their rights under the FCRA using a new “Summary of Consumer Rights” form. Failure to provide the correct notification can expose employers to legal risk, including class action litigation. The primary change to the form relates to disclosures regarding the consumer’s…

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11 Sep New Illinois law aims to prevent violence against nurses Act includes training requirements and whistleblower protection, effective January 1.

To address the risks of violence against nurses and other health care workers, Illinois hospitals and other employers of health care workers will be required to comply with workplace violence training and related safety requirements, effective January 1, 2019.   The Illinois Health Care Violence Prevention Act, recently signed into law by the Illinois governor, includes a multi-prong approach to addressing workplace violence against nurses. In particular, health care providers will be required to create a workplace violence prevention program that not only complies with…

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10 Sep Paid Sick Leave And Minimum Wage: What’s Next For Michigan Employers

On September 5, 2018, Michigan’s Republican majority legislature adopted ballot proposals concerning minimum wage and paid sick leave. With that step, legislators removed both proposals from the November general election ballot.   This means legislators retain the ability to amend either law with a simple majority vote instead of the three-fourths vote required to amend a ballot initiative if it were passed by voters in November. The Michigan legislature can amend either or both laws before their March 2019 effective dates – either during the…

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06 Sep Is Severe Obesity A Disability Under The ADA? The Seventh Circuit Will Decide.

Advocates for the obese are arguing that the United States Court of Appeals for the Seventh Circuit should overturn a holding that obesity does not constitute a disability under the Americans with Disabilities Act (ADA).   The case at hand started in March 2016, when former Chicago Transit Authority (CTA) bus driver Mark Richardson sued the CTA for violation of the ADA, claiming he was discriminated against because of his severe obesity. The CTA moved for summary judgment on the grounds that obesity does not…

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