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The Legal Stuff
BT Currents - Hot Topics in Employment Law
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06 Jul Performance You Can Measure Is Best Defense, FMLA Case Demonstrates

I often find myself counseling clients that the more measurable a performance issue is, the easier it is for the employer to prove that issue is the true, nondiscriminatory reason for a termination or other job action in the face of a discrimination or other employment claim. Sales employees almost always have measurable data about their performance, which seemingly provides an objective basis for employment decisions taken against individuals whose sales number are lowest. Such decisions are not bullet proof; for example, the employee may…

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01 Jul An Annual Ritual: Massachusetts Noncompete Legislation

We wrote last year about significant legislative efforts to ban noncompetes in Massachusetts. Proponents of such a ban, including Governor Patrick, contend that Massachusetts suffers a brain drain in the high-technology field because talent flees to California, where as many readers will know, noncompetes are virtually banned. In other words, a tech whiz would rather work in California where she may move freely from company to company rather than being limited by a noncompete. Certain high-tech interests in Massachusetts support a ban, whereas most traditional…

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22 Jun Does Being “Perceived As” Muslim Support A Title VII Claim? One Court Says Yes

Readers will know that the Americans with Disabilities Act (ADA) is distinctive among discrimination statutes in that it protects not only people who are disabled but also those regarded as disabled, as discussed here and here.  The foundation of a Title VII sex discrimination in the language “because of sex” also creates potential gray areas as to exactly who the law protects.  Generally, however, a person either is in a protected class or is not.   This recent case from a Michigan federal court flags…

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15 Jun If the payroll company says it’s an employee …

I wrote here and here earlier this year about the importance of employers carefully reviewing who they consider to be an independent contractor so the employer avoids the various legal problems that can arise as misclassifying workers who should be employees as independent contractors. A recent decision from a federal court in Florida is another lesson in this. In Rezendes v. Domenick’s Blinds, two workers – an installer and a seamstress – won summary judgment from the court in a wage/hour case that they should…

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01 Jun Colorado ACLU Posts Settlement Agreement Providing for Place to Breastfeed

We have written here before about the still relatively new Department of Labor rules providing that breastfeeding women must be provided with a private place – not a bathroom – to express milk for up to one year after childbirth.  Because of the relative newness of these rules, and the fact that in small workplaces it can take some rearranging to comply, these obligations are not yet intuitive for some employers.   Last week a settlement between a former employee and a beauty salon was…

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