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The Legal Stuff
BT Currents - Hot Topics in Employment Law
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06 Feb 2013 Happy Anniversary, FMLA!

It’s been an adventurous 20 years! Since President Bill Clinton signed you into law on Feb. 5, 1993, FMLA, you have never failed us. Employment lawyers and HR professionals around the country have relied upon you for job security and cursed you for (and your accompanying regulations) our constant headaches. According to the DOL’s 2012 Survey, though, you are apparently beginning to grow on us. FMLA, your anniversary gives us the opportunity to reflect on some of your highlights. Your Most Challenging Features It is probably cliché to gently chide you for your rules (or lack…

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20 Dec 2012 Businesses Brace for Another Round of EEOC Challenges

On Dec. 17, 2012, the EEOC revealed its “priorities and goals,” giving businesses some forecast of the EEOC climate and danger zones during next four years. In technical terms, the Commission approved (by a 3-1 vote) its formal Strategic Enforcement Plan (SEP), which identified the following six (6) national priorities: – Eliminating barriers in recruitment and hiring – Protecting immigrant, migrant and other vulnerable workers – Addressing emerging and developing employment discrimination issues – Enforcing Equal Pay Laws – Preserving Access to the Legal System – Preventing Harassment through Systemic Enforcement and Outreach In other words,…

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17 Aug 2012 The Patchwork Application of the CFAA

Go ahead, all you employees on the west coast and the mid-southeast. Please. Use your employer’s computers to download confidential documents, surreptitiously transfer the company’s contacts, and “borrow” all the forms you need to start your own competing company. As it turns out, the federal law known as the Computer Fraud and Abuse Act (CFAA) doesn’t apply to you. (*Side note* We aren’t suggesting that you actually do this.) But, beware if you live in other parts of the country—for example, in Chicago, Dallas or Atlanta. …

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12 Jul 2012 Crossing the Minefield of Criminal Background Checks

The EEOC’s recent guidance on criminal background checks spawned numerous legal updates, alerts and webinars (including ours) talking about the new limitations for employers on pre-employment inquiries and applications.  In Indiana, this focus has underscored the importance of two other laws regarding background checks: 1. The federal Fair Credit Reporting Act (FCRA), and2.  July 1 changes to Indiana’s law on an individual’s criminal history (HEA 1033).  As a reminder, an employer that relies on a third party for criminal history reports has waded into coverage…

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