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The Legal Stuff
BT Currents - Hot Topics in Employment Law

01 Sep Hiring Advertisements May Help Avoid Claims Under the ADA

Employers should carefully consider what their hiring advertisements say and include language regarding the essential functions of the positions for which they are hiring; such wording may assist in a discrimination claim.  In Kilcrease v. Domenico Transp. Co., Court No. 13-cv-03193-WYD-MJW (D. Colo. Aug. 28, 2015), the employer successfully defended claims under the Americans with Disabilities Act (ADA), as amended and such success was based, in large part, upon the company’s job advertisement which clearly outlined the essential functions of the position.   Mark Kilcrease…

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31 Aug Pay Attention to Those Doctor’s Notes

It should be obvious to most that an employee seeking FMLA leave must provide some type of notice to his or her employer. The question that often arises, however, is what type of notice suffices to confer an employee with FMLA protection? The FMLA regulations themselves offer little help in answering this question. Pursuant to these regulations, a notice will confer FMLA protection if it:   Is “sufficient” to make the employer aware that the employee needs FMLA-qualifying leave; and Provides the anticipated timing and…

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28 Aug California Strikes Again! Senate ‘OKs’ Bill Limiting Employment Arbitration

  This week the California State Senate passed a measure that would block most employers from forcing workers to agree to arbitrate labor disputes instead of filing claims with state agencies or courts.  The senate approved the measure, AB-465—which is sponsored by the California Labor Federation and has drawn fierce opposition from the California Chamber of Commerce. Following AB-465’s passage, the senate ordered the bill to the assembly. The bill would add a new provision to the Labor Code to prohibit any person from:  …

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13 Aug Employees May Soon Have Something To Lose In FLSA Lawsuits

The deck in Fair Labor Standards Act lawsuits has long been stacked against employers. Even if the employer wins at trial, its legal fees and costs will likely be hefty – six figures or more. And if the employer loses, it may have to pay double – or even triple – the plaintiffs’ actual damages and the plaintiffs’ costs and fees, on top of its own costs and fees.  It can feel like employees have nothing to lose and like employers are destined to “lose”…

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31 Jul Challenge to NLRB “Ambush Election Rules” Fails

Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia has granted summary judgment in favor of the National Labor Relations Board (NLRB) in a highly-publicized action brought by the Chamber of Commerce and a District of Columbia construction company challenging the unprecedented representation case procedures adopted by a split NLRB in 2014. Chamber of Commerce of the United States of America, et. al. v. National Labor Relations Board, Civil Action No. 15-0009 (July 29, 2015). Commonly known in media reports…

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