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The Legal Stuff
BT Currents - Hot Topics in Employment Law

15 Jan Hope For Employers: Some Courts Are Requiring The EEOC To Thoroughly Investigate Allegations Before Siding With Employees

The EEOC, in theory, is supposed to be neutral. It is supposed to collect complaints from individuals who believe that their employers have wronged them, provide the employers with an opportunity to respond, investigate the complaints further if the circumstances warrant it, and provide the parties with an opportunity to conciliate their disputes short of litigation. Many employers feel that the EEOC is hardly neutral, however. They say that, rather than acting as an unbiased third party, the EEOC sees itself as a pro-employee agency…

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09 Jan On Break, But Still on Call: “On Call” Rest Breaks are Permissible Under California Law

On Dec. 31, 2014, the California Court of Appeal, Second District reversed a $94 million judgment in a wage-and-hour class action against ABM Industries Incorporated (ABM) in Augustus et al. v. ABM Security Services Inc.  The judgment was initially granted by a California trial court in 2012. ABM appealed the damages award, which was granted on summary judgment in a set of consolidated class actions alleging ABM’s policy of requiring security guards to carry a radio during their breaks effectively put them “on call” during…

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23 Dec Avoid Going From Ho! Ho! Ho! To Oh No! No! No!

The employer throws a holiday party as a chance for its employees to interact with one another on a more social level, have an opportunity to get to know significant others and reward the team for a year of hard work. Unfortunately, this holiday celebration mixed with alcohol and far less formal interaction between colleagues can lead to both employers and employees doing a collective post-party shout of “Oh No!”   For whatever reason, there seems to be a loss of good sense and responsibility…

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22 Dec Prior Protected Activity Did Not Immunize Employee from Later Bad Acts

An employee who breaks company policies may be disciplined even though that employee previously engaged in protected activity. This proposition may sound uncontroversial, but some bad-acting employees do try and shield themselves from discipline by pointing to earlier instances of protected activity. They may argue that subsequent discipline, while ostensibly based on legitimate reasons, is in fact retaliatory. Some employees may strategically engage in so-called protected activity solely for the purpose of preempting discipline they see coming. In Musolf v. J.C. Penney Co., a case…

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19 Dec Legalized Loophole – Is Legalized Marijuana Truly “Lawful?”

On Sept. 30, 2014, the Colorado Supreme Court heard oral arguments in Coats v. Dish Network, a wrongful termination case centered on use of medical marijuana. In 2000, Colorado passed a law permitting medical marijuana and legalized marijuana for recreational use in 2012, but the drug is still prohibited under federal law.   Dish Network LLC fired Plaintiff Brandon Coats after he tested positive for the active ingredient in marijuana. Mr. Coats was aware Dish Network had a zero tolerance policy for prohibited substances, including…

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