Follow Us
twittergoogle_pluslinkedinrssyoutube
Subscribe to the BT Currents Blog

By signing up, you agree to our Terms of Service and Privacy Policy.

Recent Posts
The Legal Stuff
BT Currents - Hot Topics in Employment Law

10 Sep Paid Sick Leave And Minimum Wage: What’s Next For Michigan Employers

On September 5, 2018, Michigan’s Republican majority legislature adopted ballot proposals concerning minimum wage and paid sick leave. With that step, legislators removed both proposals from the November general election ballot.   This means legislators retain the ability to amend either law with a simple majority vote instead of the three-fourths vote required to amend a ballot initiative if it were passed by voters in November. The Michigan legislature can amend either or both laws before their March 2019 effective dates – either during the…

0 0
READ MORE

03 Jul Establishing Direct Threat: How to Leverage the “Individualized Assessment”

Successfully asserting the Americans with Disabilities Act’s (ADA) direct threat affirmative defense is difficult.  It is disfavored because of the fear that well-intentioned concerns of injury will otherwise result in qualified disabled individuals being excluded from work.  A recent federal trial court decision, involving an operator at an ExxonMobil chemical plant shows how an employer can establish a direct threat disqualification in the face of conflicting medical opinions. The case is Spencer-Martin v ExxonMobil Corp., M.D. La., No. 16-789 (June 15, 2018).   The ADA’s…

0 0
READ MORE

27 Mar Will You Agree to an Inclusion Rider?

  During the March 4 Academy Awards, actor Frances McDormand introduced a national audience to the diversity-focused contract provision known as an “inclusion rider.” It requires producers to set inclusion goals for on-screen and off-screen talent from under-represented groups. Such goals are intended to “reflect the world in which we actually live.” In a given production, such a rider might establish a goal that the cast be 50% female, 40% under-represented ethnic groups, 20% people with disabilities and 5% LGBT.   Employers large and small…

0 0
READ MORE

12 Feb Rigorous RIF Process Defeats Discrimination Claims

  A recent federal trial court decision underscores the importance of the effective use of a rigorous reduction-in-force (RIF) selection process.   In Ameti v. Sikorsky Aircraft Corp., Sikorsky beat back multiple discrimination claims asserted by a former engineer selected as one of 17 of his peers in a reduction in force.  No. 3:14-cv-1223 (VLB) (U.S. Dist. Ct. Conn. February 6, 2018).  Sikorsky utilized an Employee Assessment Matrix to determine “the ability of the employee to perform under current and projected business conditions.”  The assessments…

0 1
READ MORE

29 Dec Asking: “How much do you currently make?” in 2018?

  Not in California.  California law (A.B. 168) is the latest in a batch of state and local laws prohibiting employers from asking job candidates how much they currently or have made.  It takes effect January 1.  Candidates can voluntarily disclose their salary history and in that case the employer can use that information in setting initial compensation.  Employers are also required to provide job candidates with a pay scale for the positon upon request.   New York City’s pay history inquiry ban went into…

0 0
READ MORE