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

26 May A Reminder from the NLRB to Scrutinize Your &!^@$) Policies

We have written often at BT Currents, including here and here, about the National Labor Relations Board’s (NLRB) intense focus on employer policies that assertedly might be viewed by an employee as restricting employees’ – in union and non-union workplaces alike – to communicate with each other about the terms and conditions of their employment, i.e. engaged in “concerted activity.”  This past week I was part of a panel on various labor law topics including a union-side lawyer and representatives from Regions 8 and 9…

0 0
READ MORE

18 May Pro-Enforcement Noncompete Decision from Wisconsin Supreme Court

I have written here before on the unique issues raised by state-by-state variations in noncompete law, and here in depth on one of the key variations – what a state’s courts will recognize as sufficient consideration for a noncompete. Is “mere” continuing employment sufficient as it is in Ohio, for example, or is does it require something as is the case in Kentucky since a 2014 decision from that state’s Supreme Court? In the closely watched case of Runzheimer Int’l Ltd. v. Friedlen, Wisconsin has…

0 0
READ MORE

29 Apr Supervisors Are Employees Too … to the Tune of $6.6 Million

What termination of a single employee can justify a $6.6 jury award?  (The punitives award was reduced by the lower court from $15.9 million. The employee also received $2.2 million in non-punitive damages). According to the Ninth Circuit Court of Appeals, the federal appeals court for western states including California, the following elements justify a lower court jury’s award in this amount:   Discharge found to be in retaliation for suing for overtime pay, reporting violations to OSHA and Department of Transition, and inciting other…

0 0
READ MORE

16 Mar Class Action Against Uber Another Reminder to Employers on Employee Data Protection

With this post I am going to start a series focusing on higher stakes employment issues, the cases and crises that put the most on the line for employers. For smaller and medium sized companies, the very existence of the company may even be at stake. We will look at recent developments and identify proactive steps that readers can and should take to minimize the likelihood of becoming one of those headlines.   One obvious example of such a case is a class or collective…

0 0
READ MORE

09 Mar More EEOC v. Abercrombie & Fitch: Why No Disability Accommodation Angle?

As Jeanine Gozdecki posted here, the U.S. Supreme Court recently heard oral argument in the case involving the scope of an employer’s obligation, if any, to initiate religious accommodation discussions with an applicant who was wearing clothing that would violate the company’s apparel policy but that would seem to be being worn for religious purposes. The federal court of appeals that heard the case seemed to say the company had no affirmative obligation, it had not discriminated if the applicant did not raise the issue….

0 0
READ MORE