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The Legal Stuff
BT Currents - Hot Topics in Employment Law

27 Feb Federal Lawsuit Over Mass Layoffs Not on the Menu for California Restaurant Group

  A California restaurant chain recently got lucky and avoided a proposed class action filed by former workers who claimed the chain failed to provide proper notice before laying off approximately 3,000 employees.   The lawsuit alleged that the Catalina Restaurant Group’s April 2015 restructuring – the chain was sold, restaurants were closed and layoffs occurred at corporate headquarters – left about 3,000 employees out of a job without prior warning. Additionally, the suit claimed that those affected were offered no severance pay and were…

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20 Jan Teachers File Proposed Class Action Suit Claiming Grants Were Illegally Converted Into Loans

  On Jan. 6, two teachers, Ashley Ford and David West, filed a projected class action against the Pennsylvania Higher Education Assistance Agency, a Pennsylvania-based student loan servicer, which the teachers allege has been improperly converting federal teaching grants into loans for its own financial gain. Such fraudulent action is alleged to be in direct violation of the Racketeer Influenced and Corrupt Organizations Act.   Ford and West claim that the Pennsylvania Higher Education Assistance Agency, which is the only servicer of awards to teachers…

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01 Dec California Approves Strongest Standard for Prevention of Violence Against Health Workers

  On Oct. 21, after close to two years of work, regulators within the California Division of Occupational Safety and Health Administration (Cal/OSHA) approved a standard that should reduce workplace violence against healthcare workers by requiring hospitals and other employers of health professionals to develop violence prevention protocols in conjunction with the healthcare workers. Workers in healthcare and social assistance were involved in 52 percent of workplace violence incidents in 2014, according to Bureau of Labor Statistics data, and rates of workplace violence incidents increased…

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20 Oct Jury Gets to Decide: Are Prolonged Walking, Standing Essential Functions of Employee’s Job?

  A New York federal court has decided to take another look at whether prolonged walking or standing are essential functions of an employee’s job. On Oct. 13, 2016, in the case of Reyes v. Phoenix Beverages, Inc., the U.S. District Court for the Eastern District of New York issued an order that granted employer Phoenix Beverages’ motion for reconsideration in part.   In issuing the order, the court agreed with the employer’s contention that the court had overlooked portions of testimony provided by the…

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08 Sep EEOC Issues Anti-Retaliation Guidance First Guidance in Nearly Two Decades Puts Employers on Notice of EEOC’s Workplace Retaliation View

  On Aug. 29, the U.S. Equal Opportunity Employment Commission (EEOC) issued its much awaited Enforcement Guidance on Retaliation and Related Issues – its first enforcement guidance on workplace retaliation in more than 18 years. In addition to retaliation, this guidance also addresses the “interference” provision under the Americans with Disabilities Act (ADA), which prohibits threats, coercion or other actions that inhibit the exercise of ADA rights.   This guidance was highly anticipated as “retaliation is asserted in nearly 45 percent of all charges [received]…

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