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BT Currents - Hot Topics in Employment Law
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30 Aug 2013 Do You Have Restrictive Covenants In Texas? If So, Be Careful What You Ask For

Many employers who have multistate operations know that the enforceability of a restrictive covenant depends largely on the state in question.  While obviously no state will rubber stamp whatever restrictive covenant an employer can think up, even a properly structured and reasonable covenant – which would be enforced without question in most of the country – may not get any traction in some states. Texas is not the hardest state in which to seek the enforcement of a restrictive covenant (that distinction surprisingly lies with…

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15 Jul 2013 The Employer Mandate Has Been Moved One Year. Now What?

A Primer On What Employers Need To Know About The Affordable Care Act Many employers across the country breathed a sigh of relief upon hearing that the implementation of the employer mandate under the Affordable Care Act (ACA) has been delayed until Jan. 1, 2015. Of course once the revelry dies down, employers will come to the sober realization that this just means that the can has been kicked down the proverbial road.  Employers who should have been in the process of figuring out the…

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07 Jun 2013 Don’t Overlook The Gems In EEOC Files

A recent decision out of a Louisiana federal court demonstrates that all employers who are sued in cases where the Equal Employment Opportunity Commission (EEOC) handled an administrative charge should promptly send out a FOIA request to obtain the EEOC’s file. In Williams v. Cardinal Health Systems 200, LLC, a female employee reported to her employer that her husband had gotten into a fistfight with one of her co-workers, allegedly because the co-worker was sending her inappropriate text messages. The employee was fired shortly thereafter…

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24 Apr 2013 Congress Rejects Password Protection Amendment To CISPA

On April 23, 2013, the House of Representatives rejected a last-minute attempt to amend the Cyber Intelligence Sharing and Protection Act (CISPA) to include a provision that would ban private employers and the federal government from asking for employees’ social media passwords. Since the advent of social media, employers have used data uploaded on sites such as Facebook, Myspace, etc. to mine for information on employees and prospective applicants for employment. As savvy users of social media sites began to erect password-protection walls, employers have…

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24 Apr 2013 Inconsistent Treatment Of Employees Gets You Every Time

Although you might think that cussing in the workplace should get an employee fired, a recent decision from the District of Colorado shows that it all comes down to the context. The court denied summary judgment for an employer, finding that the plaintiff-employee had established a prima face case of age discrimination and provided sufficient evidence of pretext. The case, Roach v. Safeway, Inc., Case No. 12-cv-1239-RBJ, involved a 60-year old store manager with 40 years of seniority in the company. The employee had an overall…

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15 Mar 2013 Did They Just Say That? A Reminder That Off-The-Cuff Remarks Handcuff Employers in Employment Lawsuits

A recent race discrimination and retaliation case in Pennsylvania underscores the risks of off-the-cuff remarks by managers.  The case in the Middle District of Pennsylvania, Johnson v. Hershey Creamery Corp., No. 1:11-cv-00776 (M.D. Pa. Mar. 8, 2013), involved an African-American who worked as a seasonal employee for Hershey Creamery.  At the end of each season, the employee was laid off.  One year, two of his Caucasian co-workers were hired as full-time, regular employees.  When he asked why he was not hired, Hershey told him that…

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14 Mar 2013 Judicial Approval No More? The Days of Judicially Scrutinized FLSA Settlements May Be Drawing To a Close

The fact that the settlement of FLSA claims must be pre-approved by a federal court or the DOL has long been greeted by employers with the gnashing of teeth and wringing of hands: nothing is worse than steering a hard-fought case to a resolution that is acceptable to both sides only to have the deal potentially torpedoed by a procedural hurdle at the last minute.  Nevertheless, that has long been the rule.  Best articulated by the seminal case of Lynn’s Food Stores, Inc. v. U.S.,…

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30 Jan 2013 2012 EEOC Charge Filing Stats Are In

A few weeks ago, we looked at the total number of EEOC charges filed with the agency from 1997-2011. The charge numbers for 2012 just came in and as expected, the total numbers have dropped – but by an almost imperceptible amount. Here is the updated chart: The total number of charges filed in 2011 was 99,947.  For those with magnifying glasses, this fell in 2012 by a little more than 500 to 99,412.  Looking at the chart as a whole, it is clear that the…

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20 Dec 2012 All I Want For Christmas Are Some Stats

The following chart graphically depicts the total number of EEOC charges filed with the agency from 1997-2011.  http://eeoc.gov/eeoc/statistics/enforcement/charges.cfm  What is immediately apparent from this chart is the relationship between the overall economy and the number of filings. The chart begins in the prosperous 90’s (this is how far back the EEOC’s historical online information goes). As the country continued with the dot-com boom, you can see the number of filings going down. The filings, however, tick up again beginning in 2000 as the economy worsened into recession and…

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20 Dec 2012 The Top 10 Ways To Reduce Discovery Costs: Nos. 5-1

Yesterday we posted Part I of the article, “The Top 10 Ways to Reduce Discovery Costs: Nos. 10-6.” You can read the article by clicking here. Today, we complete our list by featuring the top 5 ways to reduce discovery costs. 5. Don’t Destroy Evidence. No responsible employer would intentionally destroy evidence. The problem, however, is that responsible employers can have irresponsible and/or negligent employees. Accordingly, all employers should have procedures for advising their employees of reasonably anticipated litigation so that the company properly preserves…

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