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BT Currents - Hot Topics in Employment Law

20 Oct Batten Down the Hatches, an ‘ICE’ Storm Is About to Blow In…

  Authored by: Michael Palmer, Jeff Papa, Mariana Richmond and Mercedes Badia-Tavas   It’s official! Immigration and Customs Enforcement (ICE) will extend its immigration actions in the workplace.   Since the 2016 election, we have talked with employers about the effect the Trump administration’s policy on immigration could have in the workplace. In fact, the Barnes & Thornburg Immigration and Global Mobility Practice Group has trained hundreds of employers this year on the importance of addressing this risk.   On Oct. 17, the acting director…

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29 Sep California Bill Placing Restrictions on Employer Immigration Worksite Raids Awaits Governor’s Signature

  In the midst of increased immigrant arrests in California, the California Senate recently confirmed the passage of the Immigration Worker Protection Act, or AB 450, which, if signed by Gov. Jerry Brown, will place various immigration worksite inspection restrictions on California employers.   As discussed in this post, the bill prohibits California employers from allowing immigration agents to enter a workplace or view their employee’s employment records without a warrant. The bill also requires employers who provide immigration officials with employee records to notify…

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11 Sep Employment Authorization Issues Related to DACA Rescission

  Alert Overview: On Sept. 5, the U.S. Department of Homeland Security began an “orderly wind down” of Deferred Action for Childhood Arrivals (DACA). DACA, and a related program, Deferred Action for Parents of Americans (DAPA), were created by executive order of President Barack Obama in 2012. As the result of a lawsuit brought by several states against the DAPA program, DAPA was rescinded after courts determined that legal and constitutional problems existed with the program.   In June 2017, several states informed the U.S. Attorney…

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21 Aug Don’t Get Caught in the Weeds: Hiring Issues and Medical Marijuana

According to the National Conference of State Legislatures, 29 states have “comprehensive public medical marijuana and cannabis programs” and 16 states have more limited programs that allow for the use of “low THC, high cannabidiol” products for certain medical reasons. This legalization of medical marijuana has created challenges for employers and their hiring practices when many companies desire to have a zero-tolerance policy on drugs and alcohol in the workplace, especially for safety-sensitive positions.   The courts also have weighed in regarding employers’ decisions not…

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15 Aug Single Use of Racial Slur Sufficient to Assert Harassment Claim

  In a recent decision, the U.S. Court of Appeals for the Third Circuit held that a single use of a derogatory term can sustain a workplace harassment claim. In Castleberry v. STI Group and Chesapeake Energy Corporation, the parties disputed whether or not a single use of a racial slur could be “severe” enough to support the plaintiff’s claim of harassment and survive a motion to dismiss.   The plaintiffs, two African-American employees, brought claims for harassment, discrimination, and retaliation after they were terminated…

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