Follow Us
twittergoogle_pluslinkedinrssyoutube
Subscribe to the BT Currents Blog

By signing up, you agree to our Terms of Service and Privacy Policy.

Recent Posts
The Legal Stuff
BT Currents - Hot Topics in Employment Law
title
0 0

23 Apr 2018 Employers, You Can Do This

  Being an employer can be frustrating – the rules employers need to follow seem to only increase in variety and complexity, and some employees do the darnedest things.  But BT Currents readers should also realize:  There are a lot of things that can be done proactively to minimize employee issues.  I just wrote this short article trying to pump up employers who are feeling a little down in the dumps.  Employers really can handle the challenges before them, focusing on three things:   Plain…

READ MORE
0 0

30 Mar 2018 Legislating Away Harassment? 3 Main Legislative Paths So Far in the #MeToo Era

As Currents readers know, we have been closely tracking the tremendous buzz that has arisen from several months of high profile sexual harassment (and worse) reports and allegations involving high profile men, and what changes might transpire as a result.  While many legal developments that seem like big deals when the law is passed or the case is decided ultimately don’t significantly change employers’ day to day lives, it seems that something more significant is afoot here … exactly what that something is is still…

READ MORE
0 0

20 Feb 2018 Sexual Harassment 2.1: Keep Up, We Are Moving Fast…

Last week I wrote a post elsewhere updating business people on the latest developments arising from the tsunami of high–profile harassment reports and allegations in recent months. The bottom line:  we have had relatively few changes so far (this aspect of this year’s federal tax law a notable exception), but it seems almost certain there will be. For literally decades employers could protect themselves from most harassment claims with a good policy (easy), appropriate training (pretty easy), and responding appropriately to complaints of harassment (not necessarily…

READ MORE
0 0

18 Dec 2017 On Second Thought … State Supreme Court Questions Key Noncompete Drafting Strategy

  As I have written here many times, a key dynamic in the drafting and enforcement of noncompete agreements are the distinctions between different states’ laws. Therefore, it is a big deal when a state Supreme Court rules on one of the key issues in the area of noncompete law, as typically happens two to three times per year. The North Dakota Supreme Court recently issued a decision calling into question choice of forum (or venue) clauses as a tool to maximize the enforceability of noncompete agreements….

READ MORE
0 0

07 Nov 2017 (Informal) Survey Says: Most Employers Not Waiting for Courts to Decide Whether Title VII Covers Sexual Orientation

  As we have discussed here and here at Currents, one of the hotly contested employment litigation issues of our decade is whether Title VII’s prohibition on discrimination “because of sex” prohibits discrimination on the basis of sexual orientation. Sex discrimination was an afterthought when Title VII was passed in 1964, added late in the Congressional process (reportedly added by opponents who thought it would cause Title VII to fail), and it is unquestioned that Congress was not thinking about sexual orientation at the time. Since that…

READ MORE
0 0

30 Sep 2017 Ohio ‘Reverse’ Racial Discrimination Ruling Reinforces Employers’ Advantage in Constructive Discharge Cases

  Our clients are typically employers, but this decision from the U.S. Court of Appeals for the Sixth Circuit (the appellate court for Ohio, Michigan, Kentucky and Tennessee) on Sept. 28 illustrates one piece of advice we would give an aggrieved employee if asked: Don’t quit! (We’re not changing sides, by the way.)   Steve Fletcher, a white registered nurse, sued his employer alleging racial discrimination, and his story has many hallmarks of discrimination cases we see every day:   A new supervisor who, it…

READ MORE
0 0

29 Sep 2017 The Gradual But Decided Shift to a Much More Complex World of Employment Law

  On Oct. 4, my colleagues (and fellow Currents bloggers) Jeanine Gozdecki and Doug Oldham will be presenting a program focused on increasing complexity in the employment law arena. Employment law accelerated in the 1960s when Title VII of the Civil Rights Act was passed, as well as many similar state discrimination laws. At that time, things seemed pretty cut and dried – treat people equally to avoid liability. Many factors have made the world of employment law far more complicated since then:   The number of protected…

READ MORE
0 0

28 Sep 2017 Survey Says: Employers Generally Settled, Favoring Traditional Vacation Over PTO

  From time to time, we report on surveys conducted by our friends at Employers Resource Association. This month’s survey focuses on how employers provide paid time off (PTO) to employees. The results here are straightforward:   A strong preference to offer traditional vacation (61 percent of respondents) over PTO (39 percent) Only 13 percent of respondents indicated they are considering a change, so it seems that this preference is stable A fairly even distribution among different answers for the smallest amount of leave an employee…

READ MORE
0 0

31 Jul 2017 Survey Says: Almost All Employers Use Background Checks (and Other Notes on Pre-Employment Testing)

    As we sometimes do, we turn our attention to one of the monthly surveys from the Ohio-based Employers Resource Association (ERA). This survey focuses on a number of interesting questions about hiring trends as practices, such as who interviews applicants (24 percent of respondents have peers interview applicants) and what resources are used to find candidates (not surprisingly, online job boards leads at 89 percent).   More on the employment law side, I thought the question showing what percent of employers use various kinds…

READ MORE
0 0

01 Jun 2017 Six Statements That May Mean Your Business Will Keep an Employment Lawyer Busy

  I recently posted elsewhere six things I hear employers say that, while understandable in some cases, may actually cost the employer money in legal fees (and, with some of them, judgments or settlements). Here are the statements and more info on why they are problematic:   “Noncompetes aren’t really enforceable. I’ll just hire him.” “I’ll just get a document off the internet.” “I’ll write it myself, then my lawyer can review it.” “Other employees are tired of having to cover for him being sick.”…

READ MORE