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The Legal Stuff
BT Currents - Hot Topics in Employment Law
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17 May 2017 Hiring Teenagers This Summer? Here are 3 Key Considerations

  School’s out for the summer. If you do business in recreation, restaurants, or retail, chances are you will be employing teen workers this season. So now is a good time to learn from a few real-world examples of legal issues involving teen workers.   The U.S. Equal Employment Opportunity Commission will not hesitate to come to the aid of young workers if it believes they have been subjected to sexual harassment. You can read the EEOC’s descriptions of several of its cases involving harassment…

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16 Mar 2017 Mugshots Gone Viral: Internet Clickbait is a Hiring Manager’s Minefield

  While “that hot mugshot guy” launched a modeling career – including a recent New York Fashion Week runway appearance – based on his improbably good-looking booking photo, most arrestees are not so lucky.   It seems the Internet-browsing public can’t resist clicking around for such photos — from celebrities to the average joe — and thus media sites routinely post such photos to attract page views. Mugshots are nearly unavoidable on the Internet and they remain posted long after any news value has faded away. There are even commercial…

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27 Dec 2016 EEOC and Hospital Settle Flu Vaccine Religious Accommodation Lawsuit

  Six hospital employees who refused influenza vaccines will be offered re-employment and will receive payments totaling $300,000 to resolve the U.S. Equal Employment Opportunity Commission’s (EEOC) religious accommodation lawsuit against their former employer.   The EEOC and Saint Vincent Health Center in Pennsylvania entered into a consent decree, filed Dec. 23, that includes the hospital’s agreement to terms requiring careful consideration of requests for accommodations based on sincerely held religious beliefs, practices and observances with respect to mandatory influenza vaccination programs. As part of…

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20 Dec 2016 EEOC Offers Compliance Tips for Small Businesses

  The EEOC has expanded its online resources aimed at small-business owners to assist with compliance with equal opportunity laws, highlighting its small business liaisons who can offer training and answer questions about the laws the EEOC enforces. But employers should keep in mind that the EEOC’s tips are not tailored to specific facts and circumstances.   The small business section of the EEOC’s website includes helpful information on basic equal employment opportunity issues, such as recordkeeping and notice posting, non-discrimination in hiring, and prevention…

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30 Sep 2016 Should Appeals Courts Give Deference to Lower Courts in EEOC in Subpoena Enforcement Actions? U.S. Supreme Court Agrees to Take on the Issue

  As the U.S. Supreme Court prepares to open its fall term, the Court has agreed to consider the appropriate standard for court review of U.S. Equal Employment Opportunity Commission (EEOC) subpoenas that the agency issues during its investigations of discrimination charges.   In EEOC v. McLane Co., Inc., the issue is whether the Ninth Circuit Court of Appeals should have given deference to a lower court’s decisions regarding enforcement of an EEOC investigatory subpoena or whether appellate courts should take a completely new look…

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29 Sep 2016 EEOC Continues Fight Against Mandatory Flu Vaccinations for Healthcare Workers

  Just as another flu season is upon us, the U.S. Equal Employment Opportunity Commission (EEOC) is ramping up its battle against mandatory healthcare workers influenza vaccination programs by filing at least its third lawsuit this year on the subject of accommodations for individuals who profess religious objections to being vaccinated.   In EEOC v. St. Vincent Health Center, the EEOC is alleging that a Pennsylvania healthcare organization failed to accommodate the religious beliefs of six healthcare workers who sought exemptions from mandatory flu shots…

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07 Sep 2016 Illinois Cracks Down on Noncompetes for Low-Wage Workers

  Should the teenage workers who make your deli sandwich (or bus tables or perform other routine entry-level work) be able to move from one job to another without running afoul of a noncompete? The court of public opinion thought so, as evidenced by the controversy that erupted over the Jimmy Johns sandwich chain’s much-publicized business plan that even low-level workers should be subjected to post-employment restrictions, as we reported here.   Now the Illinois General Assembly has stepped in with the new Illinois Freedom…

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02 Sep 2016 Illinois Employers Who Provide Sick Leave Must Allow Workers to Use It for Children and Family Members

  Employers who provide sick leave benefits for employees in Illinois will soon have to allow employees to use their accrued paid sick time to care for their children and other family members and not just for their own illnesses.   Starting January 1, 2017, any Illinois worker who is entitled to sick leave will be able to use it for absences due to an illness, injury, or medical appointment for a child, spouse, or certain other family members on the same terms as sick…

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14 Jul 2016 Posting a Resume is Now Required in Illinois to Receive Jobless Benefits

  Jobseekers in Illinois who apply for unemployment benefits on or after July 17, 2016, will have to register for employment services and post at least one resume to the state’s job search website before they can receive unemployment payments (unless an exemption applies), according to the Illinois Department of Employment Security (IDES).   Although the IDES is characterizing its announcement as a “reminder” that applicants for unemployment insurance benefits must show they are looking for work by registering for employment services, the requirement to post…

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08 Jul 2016 Court Provides Roadmap for Managing ‘Intolerable’ Behavior From Employee with Disabilities

  What is an employer to do when a long-standing employee with a known anxiety disorder engages in a public display of suicidal gestures and disruptive behavior? Don’t act in haste, but if careful consideration of the situation leads to a termination, the decision-making process may withstand scrutiny in court.   That’s the outcome in a recent ruling from the Seventh Circuit Court of Appeals in Felix v. Wisconsin Dept. of Transportation, which provides a thorough and detailed analysis of a challenging situation involving an employee…

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