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BT Currents - Hot Topics in Employment Law
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11 Aug 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…

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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.”…

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03 Apr 2017 Noncompetes Q&A: A Look at Ohio

    We write a lot on the Currents blog about noncompete agreements. The topic presents a wealth of material because of the critical differences between state laws and the importance of employers to be aware of developments even in states where they don’t do business, and the fact that typically several times a year there is a development in some state’s law, with Nevada and Pennsylvania being two examples in recent years where a state supreme court decision has attracted attention.   Yet I find that…

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21 Feb 2017 A Charge-d Atmosphere: A Few Pointers When a Current Employee Files a Charge

  Most employers have had to respond to a discrimination charge filed with the U.S. Equal Employment Opportunity Commission (EEOC) and/or a corresponding state agency. A large percentage of such charges are brought by terminated employees, claiming that a termination was discriminatory. When that happens, employers gather documentation, provide requested information and prepare a position statement. A significant amount of the time, the charge is dismissed and the employer prevails.   But some charges are brought by current employees, alleging discrimination in the form of:…

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31 Jan 2017 The Three Seats of Noncompetes: Mistakes We See When Employees Move

  We often write on Currents about developments in the area of noncompete law, primarily case law and statutory developments across the country in this highly state-specific area. This year will likely be no different – among other things, the seemingly annual ritual of Massachusetts noncompete legislation has begun anew. While the rules shift and evolve, when employers and employees find themselves in disputes over noncompetes, there are recurring themes or factors that might have been avoided.   This article I wrote reviews these factors, broken down…

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31 Jan 2017 EEOC’s Latest Guidance On Mental Health Accommodations Adds Little

  Employee mental health conditions often present some of the more challenging disability accommodation situations.  While no less real and potentially debilitating, we can’t see them, and some of them may be less predictable.  (Include fibromyalgia as another disability in this category.)  Mental health issues may also be stigmatized in ways that other health issues are not, presenting challenges in managing the conduct of employees other than the employee seeking accommodation.  Thus, even the most well-meaning and enlightened supervisors and colleagues may confront challenging scheduling…

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30 Jan 2017 Survey Says: About Half of Employers Offering Paid Sick Leave

  From time to time we share the interesting surveys our friends at Employers Resource Association take from their employer members on timely topics. This one is pretty straightforward:   53 percent of the employers surveyed offer paid sick leave, or PTO, that can be used for sick leave Generally this is for full-time employees only 30 hours is a very common cutoff to determine who is full time Most companies providing paid leave offer at least some at time of hire   Paid sick or…

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26 Jan 2017 Drill Deeper Than “Fit” as Reason For Termination

  It is common for employers to tell us “he is just not a fit here.” My recent article in another publication discusses how, while it is certainly true that some employees are not a good fit in your organization, it is almost always advisable to break down and articulate the more specific pieces that make up “fit” for liability prevention purposes. Read more here. Bill NolanWilliam A. Nolan serves as the Managing Partner of Barnes & Thornburg LLP’s Ohio office, which he opened in 2009. He is a…

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18 Jan 2017 Writing Employee Policies to Address Different State and Local Laws: Three Strategies [VIDEO]

  We frequently report on the Currents blog about employment issues being addressed at the state and local levels, the two most recent examples being Ohio’s legislation on employees with concealed carry permits and efforts in Ohio to limit local minimum wage ordinances. This trend is likely to only grow with the expanding divisions in the country. This quick video discusses three different non-exclusive strategies for drafting policies to cover jurisdictions with different rules:   Have a single policy that complies with all laws (i.e. follow the strictest…

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12 Dec 2016 Add Cleveland to The Mix: Cities and States Increasing the Employment Law Battlegrounds – With Video

  Earlier this fall, I reported in this video how the Kentucky Supreme Court struck down Louisville’s minimum wage ordinance.  Cleveland has likewise enacted a minimum wage that exceeds state or federal requirements, the subject of a pending 2017 special election, and there is a bill pending in the Ohio General Assembly to strike down Cleveland’s law. A quick search of BT Currents shows the increasing level of municipal employment law activity. This trend seems likely to only continue, as we enter an era likely…

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