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BT Currents - Hot Topics in Employment Law
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29 Dec THREE MOST UNDERUTILIZED EMPLOYMENT LIABILITY PREVENTION TOOLS LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

This week U is for under utilized – the readily available liability prevention tools that, in our estimation, employers most often neglect to use to their advantage.   The extra step.  Before terminating an employee with a medical issue, that is. As we have written here and here, much FMLA and ADA liability is preventable if you will methodically work through the communications steps that years of case law tells us courts are looking for. The sooner you start, the sooner you can finish. I…

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22 Dec Five Things to Know About Trade Secrets LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

This week’s letter T is for trade secrets, and five things every employer should know about them.   Nearly everybody has them. As I wrote here, if there is information you would not want your competitor to have, you should at least be talking to your lawyer about whether they may be trade secrets and, if so, what do you need to do to protect them.   The key point of trade secret law is that, in order to have the legal protections of a…

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15 Dec Some Reminders on Sexual Harassment and Retaliation Liability LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

We spend a lot of time coming up with timely and cutting edge topics for seminars, webinars, and blog posts for employers. However, for years no topic attracts more continuing interest than old fashioned sexual harassment, seemingly a timeless topic because some (mostly) guys can be counted on not to manage their behavior in the workplace.  This week S is for sexual harassment, and a recent case that is a good reminder of some key points about sexual harassment.   The case is Boone v….

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01 Dec ADA: Does “Regarded As” Still Matter? LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

  One of the things that makes the Americans with Disabilities Act distinctive among discrimination laws is its “regarded as” prong.  It protects not only people who in fact are disabled from discrimination, but also people who are regarded as disabled. R is for “regarded as” and what it means for most employers and employees in 2014.   While the question of what conduct is “because of” sex and therefore covered by Title VII’s sex discrimination prohibition is a hot topic and somewhat analogous, generally…

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24 Nov Decision Bears A Close Look on Application of Quid Pro Quo Harassment LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

Many readers will have a general sense that there is a difference between quid pro quo and hostile work environment (HWE) harassment.  HWE is (fortunately, I suppose, in some relative sense) the more common form of harassment, and an employer can often avoid liability if it has taken sufficient steps to manage harassment in the workplace.  Quid pro quo comes up less frequently, and is the conditioning of employment benefits such as a promotion, raise, or even continued employee on the submission to a managerial…

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