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
0 0

30 Jul 2015 Silencing the Lion King

By now you may have heard of Dr. Walter Palmer, the Minnesota dentist/hunter who has risen to global infamy for allegedly shooting Cecil the Lion. What you may not have heard is the recent revelation in the news that he was sued by a former employee for sexual harassment and that he settled out of court for $127,500. According to news reports, the good (or not so good depending on your point of view) doctor is reputed to have settled the case to resolve it…

READ MORE
0 0

15 Jul 2015 DOL Cracks Down on Definition of Independent Contractors

According to the Department of Labor (DOL), most workers are “employees,” not independent contractors.   After years of watching more contract workers fall outside the categories of “employees,” this morning, the DOL issued an Administrator’s Interpretation regarding the alleged “misclassification” of workers as independent contractors, and broadly includes most workers as employees.   The DOL’s guidance responds to the skyrocketing usage of contract labor in the wake of increased government regulation, including the Affordable Care Act. Bucking this trend, agencies like the DOL have increased…

READ MORE
0 0

27 May 2015 Getting What You Don’t Ask For – The Perils Of ADA Accommodation By Inference

A case out of the federal court of Maine provides a useful reminder that employers cannot put blinders on when it comes to the ADA and requests for accommodation. The case, Heath v. Brennan (Case No. 2:13-cv-386-JDL), involved a long-time postal employee who developed tendinitis in the early 1990s, forcing him to wear arm braces at work. His co-workers teased him about the arm braces, which ranged from the mild (“gave him a hard time”) to the salacious (“he needed the braces because he had…

READ MORE
0 0

13 Apr 2015 Did California Just Fire No-Employment Provisions From Settlement Agreements?

Many employers who negotiate settlements to end a hard-fought battle with a former employee prefer an agreement that the employee will never work for them again. After all, it is perfectly understandable that after a company spends untold thousands in legal bills and severance wishes for complete closure on a difficult chapter, as well as some certainty that they won’t have to worry about the possibility that the employee – now armed with settlement funds – would try another lawsuit based on a failure to…

READ MORE
0 0

25 Feb 2015 Choose Your Expert Wisely: Fourth Circuit Rejects EEOC’s Choice on Background Checks

Fans of the Indiana Jones series will remember the scene near the end of the Last Crusade where our hero is looking over a multitude of chalices to select the one true grail, and the ancient knight beside him warns: “Choose wisely.” When the bad guy pushes his way forward to pick out a pretty – but ultimately incorrect – cup, we find out the grisly consequences of choosing poorly. The knight’s admonition to “choose wisely” not only is good advice for selecting grails, but…

READ MORE
0 0

10 Feb 2015 The Tweet Heard Round the World

From the “I can’t say I blame him” or “I can’t take it anymore” column comes small business owner Robert Waple of Jet’s Pizza in Mansfield, Texas. He hired a teenager named “Cella” to work in his restaurant. Sadly, while the moon might hit your eye like a big pizza pie, she wasn’t in love with the job. The day before she was set to start, she tweeted her friends: “Ew I start this f*** a** job tomorrow.” Unlucky for her, one of Waple’s employees…

READ MORE
0 0

04 Feb 2015 2014: Free Fallin’ EEOC Charges?

Earlier this morning, the EEOC released their charge filing statistics for 2014. For the fourth consecutive year, the number of EEOC charges has dropped – from 93,727 to 88,778. The chart below illustrates the decline and puts the numbers into perspective heading back to the good ol’ days of the 20th Century:     Does it feel like 2007? Well, that’s about where we stand with respect to the overall number of charges filed in the last year. The reason for the decline is unclear,…

READ MORE
0 0

29 Jan 2015 Not So Fast: Parties Cannot Impose Confidentiality Restrictions on Judicially Approved FLSA Settlements

Most employers are familiar with the procedure for resolving complaints filed by employees: draft a settlement agreement, sign off and then file a notice or stipulation formally dismissing the case with the court. Typically, the settlement agreement includes familiar terms, such as a release of all claims and some kind of promise to keep quiet about the settlement.   But, FLSA cases are a different animal. These cases normally require a judge to sign off on settlement terms. Conceptually, this sounds easy enough; all of…

READ MORE
0 0

05 Dec 2014 The Employer Mandate Is Almost Here. Is Your Company Ready?

In less than a month from now, all employers in the United States that employ more than 100 full-time equivalent employees will need to offer affordable coverage to their employees or risk potential fines under the Affordable Care Act.   While employers already should be geared up to address these issues, below is a primer for those employers who have procrastinated or have opted to stick their heads in the sand hoping in vain that this will just go away:   The deadline for large…

READ MORE
0 0

30 Oct 2014 Remember the Basics

A new case from the federal Third Circuit Court of Appeals serves as a nice reminder of how prompt and diligent HR work can stamp out an employment litigation claim. The case, Lennox v. Mondelez Global, Inc., involved an employee who filed claims against her employer for sex and race discrimination, harassment and retaliation. Specifically, the employee claimed that during her employment, her co-workers engaged in racially derogatory and sexually offensive comments and actions. These included telling a racially offensive joke in her presence (although…

READ MORE