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BT Currents - Hot Topics in Employment Law

04 Dec Wage Wars: The Plaintiff’s Bar Awakens

2015 has been a banner year for wage & hour litigation. Roughly 9,000 new federal wage & hour lawsuits were filed as of Sept. 30 – with many thousands more filed in state courts. New federal filings have increased about 450 percent over the last 15 years, according to a recent study by Seyfarth Shaw. What’s more, the trend is likely to continue for the foreseeable future.   The problems for employers are at least threefold:   1). Wage & hour issues can be extremely…

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30 Nov Do You Even Lift, Bro? How A Case Of Seemingly Innocent Workplace Bullying Can Blindside Your Company With A Title VII Lawsuit

  Is there anything wrong with a group of employees teasing a male co-worker because he doesn’t like sports? Well, the answer is obvious: of course. Employees should always treat co-workers with respect. But is this conduct unlawful? The answer to this question may surprise you.   Let’s kick off this blog post by discussing two recent federal court cases that shed light on this issue. First up is Woods v. Boh Brothers. In this case, Kerry Woods was employed by Boh Brothers as welder….

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25 Nov New Year, New Laws: Expanding California’s Fair Employment and Housing Act

  Effective as of Jan. 1, 2016, an employee’s request for an accommodation for a disability or for religious reasons will be considered to be “protected activity” for a retaliation claim under the Fair Employment and Housing Act (FEHA) – further muddying the employment waters in California.   Assembly Bill 987, which was signed into law by Governor Jerry Brown on July 16, amends the language of the FEHA to prohibit an employer from retaliating or otherwise discriminating against a person for requesting accommodation of…

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25 Nov Holiday Pay and the Family Medical Leave Act

  As we enter into the holiday season, questions often arise regarding an employer’s obligation to pay an employee on FMLA leave for holidays. Surprisingly, the answer is relatively straightforward: treat that employee in the same manner you would treat an employee on a non-FMLA leave. According to the FMLA Regulations:   [a]n employee’s entitlement to benefits other than group health benefits during a period of FMLA leave (e.g., holiday pay) is determined by the employer’s policy for providing such benefits when the employee is…

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24 Nov The Viral Spiral: How An Employee’s Facebook Post Dragged Her Employer Into A Social Media Controversy

  Instances of deplorable racism have sparked recent protests on the University of Missouri’s campus. Not surprisingly, these protests have received a significant amount of media attention. On Nov. 13, 2015, however, the world’s attention shifted to the horrific terrorist attacks in Paris. We have since been inundated with 24-hour news coverage on developments related to the war on terror.   Following the Paris attacks, the Washington Times released a story explaining how University of Missouri protestors had taken to Twitter to express disappointment with…

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