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The Legal Stuff
BT Currents - Hot Topics in Employment Law
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01 Nov Dancer Employees Allegedly Stripped of Wages Through Misclassification

  It has long been argued by many detractors that gentlemen’s clubs objectify women. A group of exotic dancers in Philadelphia has gone a step further and argued that their employer has objectified them as workers by failing to treat them as employees and failing to pay them the minimum wages to which they are entitled. A class of approximately 75 exotic dancers has sued The Penthouse Club under the Fair Labor Standards Act (FLSA) claiming they were wrongly classified as independent contractors and were…

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22 Sep War Over Sexual Orientation and Title VII Rages On

  Advocates for a federal ban on sexual orientation discrimination are waging a war on multiple fronts, fighting their battles in courts across the country and seeking rulings that Title VII prohibits discrimination based on sexual orientation, even if the statute does not specifically reference it as a protected class.   Last week in a high-profile Second Circuit case, Christiansen v. Omnicom Group, Inc., No. 16-748, defendant-appellee ad agency DDB Worldwide filed its brief claiming the court’s precedent that Title VII does not cover sexual…

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12 Aug Seventh Circuit Addresses EEOC’s Stance that Sexual Orientation is Protected by Title VII

  In a recent opinion, the Seventh Circuit held that a plaintiff who claimed she was discriminated against on the basis of her sexual orientation had failed to state a claim under Title VII, reaffirming the Seventh Circuit’s stance that sexual orientation is not a protected classification. However, Judge Rovner’s opinion presents a more nuanced opinion than the Court has taken on the issue in the past, acknowledging logical difficulties in the state of the law.   The plaintiff was a former community college employee…

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27 Jun What Ohio Employers Need to Know About Medical Marijuana

  Earlier this month, Ohio Gov. John Kasich signed House Bill 523 into law, making Ohio the 25th state to legalize medical marijuana.  Those with HIV/AIDS, Alzheimer’s, cancer, epilepsy, glaucoma, or one of several other medical conditions may qualify for medical marijuana with their doctor’s recommendation.  Many employers may be concerned that come September when the law goes into effect, employees will start coming into work under the influence, affecting both safety and productivity in the process.  They likely don’t need to worry, though –…

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16 May Ohio Pregnancy Accommodation Bill Much More “Accommodating” to Employees Than ADA

A bill named the Pregnancy Reasonable Accommodation Act was recently introduced in the Ohio Senate (S.B. 301). Although the bill is only in its infancy, it has bipartisan support in the Senate and could quickly be ratified. If the bill becomes law, it could dramatically increase the rights of pregnant employees and place additional unwanted burdens on employers.   The bill would require employers to grant pregnant employees a reasonable accommodation, which could include:   modifying equipment, seating or uniforms providing assistance with manual labor…

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