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The Legal Stuff
BT Currents - Hot Topics in Employment Law
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17 Oct Job Descriptions: Define the Target to Minimize Liability

  Job descriptions can be critical to helping employers avoid liability. Here are a few of my key points from this recent article published by Successful Business News:   Job descriptions define the target for a number of legal purposes – setting forth duties to determine exempt (or not) status under wage/hour laws, accommodation analyses under disability discrimination laws (as Currents blogger Hans Murphy wrote about here), and really any employment dispute that might involve whether the employee was adequately performing duties communicated to her/him (i.e….

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19 Sep Does New Illinois Law Signify A Third Frontier of Noncompete State-by-State Variations?

  Recently, Jennifer Cerven wrote on Currents about a new Illinois law that prohibits noncompete agreements for low wage workers, i.e. those making less than $13/hour. There has been heightened dialogue about such restrictions since the publicity surrounding the Jimmy John’s noncompete requirement for some of its sandwich makers. I have suggested here before that most courts I know would be discinlined to enforce a noncompete with such an employee anyway, though as one parent of a summer camp counselor appropriately pointed out to me after that post,…

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25 Jul Nevada’s High Court Won’t Get Out Its Pencil To Save Overbroad Noncompete

  In the highly state-law specific world of noncompete agreements, it is always newsworthy when a state’s supreme court weighs in on one of the two key areas where state laws vary. Indeed, we typically only see one or two such decisions per year. Here, the Nevada Supreme Court has answered the question, what color pencil does it use when it finds a noncompete agreement is overly broad?   In Golden Road Motor Inn, Inc. v. Islam, the court found that a one-year, 150-mile noncompete imposed on…

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06 Jul Survey Says: 73% of Employees Taking FMLA Are Non-Exempt, and Other Tidbits

  The latest survey from our friends at Employers Resource Association of its members focuses on employers’ practices and employees’ usage. Here are some of the findings:   Employers have several options for how they count the applicable 12 month period. Not surprisingly, the great majority (63 percent) of employers use the rolling 12-month period. 9 percent of respondents’ employees have used Family and Medical Leave Act (FMLA) leave during the last year. This includes substantial numbers of employees taking intermittent leave and substantial numbers taking longer term…

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13 Jun Survey Says: Significant Minority of Employers Provide More Pay, Benefits than Required on Military Leave

The latest survey results from our friends at Employers Resource Association cover how a sample of their members handle military leave. Though not required to do so, 35 percent of respondents pay employees on military leave the difference between their regular and military pay, and five percent continue to provide full pay for at least part of time spent on training obligations. Not surprisingly, many fewer respondents exceed their obligations for employees on active duty.   Regarding benefits, half of respondents continue to pay the employer portion…

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