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The Legal Stuff
BT Currents - Hot Topics in Employment Law

18 Jul Sticks and Stones: When Texts and Emails Will Hurt You

  Sticks and stones may break my bones But words will never hurt me   Recent legal decisions painfully remind us that words, specifically words in a text, instant message or email, can derail an employer’s position or defense.  The informality of these electronic communications tends to create the mindset that they are less subject to exposure or scrutiny than a formal written letter or memorandum.   In a recent case, Martin v. Tall Brown Dog, LLC, the plaintiff was a recently hired leadership/business development…

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23 Jun OSHA’s New Mandatory Electronic Recordkeeping Rule The Hidden Requirements for Anti-Retaliation and Discrimination Require Action Before Aug. 10, 2016

As you may be aware, the Occupational Safety and Health Administration (OSHA) has published a new final rule revising the recordkeeping and reporting requirements. OSHA’s summary of its new final rule can be found here and the full text of the recordkeeping regulations can be found here.   While a lot of buzz is occurring around the new electronic submission requirements that become effective Jan. 1, 2017, there are significant developments which are not explicitly referenced in the regulations which require action by Aug. 10,…

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08 Jun What Employers must know about the Americans with Disabilities Act

A few weeks ago, we posted a blog concerning the aggressive, suit-filing tactics by the Equal Employment Opportunity Commission (EEOC) against employers and the expensive and public consent decrees that follow.   One of the EEOC consent decrees discussed was with Rock Tenn, a paper and packaging manufacturer with a facility located in Battle Creek, Michigan. The consent decree required Rock Tenn to pay $187,000 in settlement of the EEOC lawsuit to provide training to its employees and submit to EEOC oversight of the manufacturer’s…

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07 Jun Telecommuting as an ADA Accommodation

Stop me if you’ve heard this one: an employee calls in to work, states she has a medical condition and can’t come in to work but says she can still do her job from home.   You have your doubts about how much work will get done from home. But you know that the Americans with Disabilities Act (ADA) obliges an employer to provide a reasonable accommodation for a qualified, disabled employee that will enable her to perform the essential functions of the job. And…

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26 Apr Is There a Silver Lining in the EEOC’s Continuing Quest to Make Employees Untouchable?

At this point, it’s all over but the shouting. In January, the EEOC issued its proposed enforcement guidance on retaliation charges filed by employees. The public comment period for the proposed guidance is now closed. (If you haven’t gone through it yet, settle in, make yourself comfortable and read the 73-page proposed guidance found here).   The proposed guidance will likely be adopted soon and it will likely affect almost half of the EEOC charges filed by employees. That’s because a retaliation charge is either the…

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