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BT Currents - Hot Topics in Employment Law
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30 Jul 2015 The South May Rise Again Someday, But Not In Your Workplace

The recent debate over the South Carolina State House’s flying of the Confederate flag has stirred up a great deal of controversy. Most Americans believe the flag is a symbol of bigotry and oppression and demanded the immediate removal of the symbol of the Confederacy. A small vocal minority of Americans, however, have rallied around the Stars and Bars, claiming it stands not for racism, but instead for Southern heritage and pride. Many in this group of supporters, both in the South and around the…

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18 Jun 2015 Zoo Fires Employee For Social Media Comment About Serving “Rude A** White People”

In suburban Chicago, the Brookfield Zoo has fired one of its employees for complaining in a social media post about having to serve “rude a** white people.”  The employee posted an Instagram selfie, which she then shared to Facebook, in which she is wearing her Brookfield Zoo uniform and in which she tagged the location as the Brookfield Zoo.   The post went viral, being shared over 6,000 times and receiving approximately 20,000 likes.  Hundreds of customers complained to the zoo and called for the…

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06 May 2015 Employers Won’t “Like” Ruling Allowing Class Action Notifications via Social Media

A New York federal court recently approved a proposal that would allow potential class members to be notified of a collective action via Facebook, Twitter or LinkedIn. In Mark v. Gawker Media LLC, a class of former unpaid interns claims Gawker violated the Fair Labor Standards Act and the New York State Labor Law. The plaintiffs are unaware of any mail or email address for 55 of the former Gawker interns who are potential class members, so they proposed reaching out to the potential class…

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01 Apr 2015 No Girls Allowed Isn’t Allowed: Even Roughnecks Have To Follow The Law

Even in the “manliest” of jobs, employers must be careful not to discriminate against female applicants, or it will cost them. On March 24, the United States District Court for the Northern District of Oklahoma denied an employer’s motion for summary judgment against the EEOC in EEOC v. Unit Drilling Company, finding issues of fact regarding female applicants’ discriminatory failure to hire claims.   Unit Drilling Company operates oil drilling rigs and was hiring for the position of floor-hand, an entry-level job that requires no…

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25 Mar 2015 The Church of a Good Night’s Sleep? One Court Says No.

There is a growing philosophical debate in some circles about whether atheism is itself a religion. At least one California appellate court has now weighed in with an answer.  In Copple v. California Department of Corrections and Rehabilitation, Marshel Copple founded his own branch of atheism called Sun Worshipping Atheism, a religion of which he is the sole member.  The central beliefs of Sun Worshipping Atheism are sleeping eight or more hours a day, getting fresh air daily, exercising frequently, having a job, being social…

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09 Feb 2015 This Message Will Self Destruct in 10 Seconds: Snapchat, Confide and the Implications of Disappearing Content on Your Business

When I was a kid, I remember reading books in which people would write each other messages in disappearing ink so they could read them, but then the content would be lost on the rest of the world forever. At the time, this seemed like pure fantasy, but new technology has made this a reality.   The cool kids have been using Snapchat for a couple of years now. For the uninitiated, Snapchat is a social media app that allows users to send their friends…

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29 Dec 2014 The Year in Social Media: Four Big Developments from 2014

As social networking has become entrenched as a tool for doing business and not just a pastime of our social lives, employers, government agencies, and even academia have taken big steps in 2014 to define how social media can and cannot, or should and should not, be used. Below is a summary of some of the big developments in social media in the workplace this year.   The EEOC Turns Its Attention to Social Media The Equal Employment Opportunity Commission has turned its attention toward…

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19 Nov 2014 Don’t Disregard Your Employees’ Rights, Even If They’re Strippers

On Nov. 14, a New York federal judge granted summary judgment and awarded $10,866,035.00 to a class of exotic dancers from Rick’s Cabaret after finding that the gentlemen’s club had violated the Fair Labor Standards Act and the New York Labor Law. The court previously found that Rick’s Cabaret had impermissibly classified its dancers as independent contractors instead of employees to skirt minimum wage laws. In fact, the plaintiffs should have been classified as employees based on the control Rick’s Cabaret exercised over them. The…

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07 Oct 2014 Supreme Court Lets Gay Marriage Stand In Five States

Supporters of gay marriage won another victory this week as the Supreme Court let stand lower court rulings that struck same-sex marriage bans in Indiana, Oklahoma, Utah, Virginia and Wisconsin. The decision upholds a decision from the Seventh Circuit, which intensely scrutinized Indiana and Wisconsin representatives who argued in favor of maintaining those states’ gay marriage bans, as well as rulings from the Fourth and Tenth Circuits that struck gay marriage bans in Virginia, Oklahoma and Utah.   The Supreme Court’s decision not to review…

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28 Aug 2014 Seventh Circuit Judges Grill State Attorneys on Gay Marriage

  On August 26, state officials from Wisconsin and Indiana faced blistering scrutiny from a panel of Seventh Circuit judges as they argued in favor of reinstating laws in each state banning gay marriage. Judges Posner, Hamilton and Williams pushed them to their limits and asked a number of pointed questions regarding their arguments.   Judge Posner took the attorneys to task regarding the interests of children, quickly interrupting Indiana’s Solicitor General Thomas Fisher and asking if children wouldn’t want their parents to be married…

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