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The Legal Stuff
BT Currents - Hot Topics in Employment Law
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24 Jun 2016 EEOC Provides Additional Guidance on Employer Wellness Program Notice

In a recent press release, the Equal Employment Opportunity Commission (EEOC) has offered supplemental resources to assist employers in complying with Americans with Disabilities Act (ADA) notice requirements associated with their use of employee wellness programs and collection of employee health information as part of the same. Specifically, the EEOC directs employers to its Sample Notice for Employer-Sponsored Wellness Programs and a Q&A discussion relating to such sample and required notice. These resources address how to comply with the employer’s obligations to inform employees what…

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22 Jun 2016 Washington, D.C., Minimum Wage on the Rise

In recent minimum wage activity, lawmakers in D.C. have approved a plan to hike the hourly minimum wage for workers by 2020. The current hourly minimum wage of $10.50/hour (which is scheduled to rise to $11.50 by July 1, 2016, pursuant to earlier legislation) is slated to jump via a series of annual increases thereafter to $15.00/hour by July 1, 2020. Tipped employees’ minimum wage is proposed to progress from the current hourly rate of $2.77 to $5.00 over the same time frame. The bill,…

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18 Feb 2016 West Virginia Becomes Next Right-to-Work State Over Protest, Veto of Governor

  Employers take note and review your agreements and practices – On Feb. 12, the West Virginia house and senate overrode Governor Earl Ray Tomblin’s veto of SB 1 (known as the West Virginia Workplace Freedom Act), which amends the Code of West Virginia to prohibit employment agreements that require membership in a labor organization as a condition of employment, or any requirement that a person becomes/remains a union member as a condition of employment.   Additionally, SB 1 prohibits any requirement that, as a condition…

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06 Jan 2016 New York City Protects Caregivers Under Expanded Law

  New York City Mayor Bill de Blasio (D) signed a city council bill (Int. No. 0108-2014-A) on Jan. 5, which expanded the protections of the New York City Human Rights Law against employment discrimination to include “caregiver status” as a protected category. The bill prohibits any employee or job candidate who “provides direct and ongoing care for a minor child or a care recipient” from being subject to adverse employment actions by employers, employment agencies, and labor organizations (and any employees or agents of…

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GINA Compliance
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24 Nov 2015 It’s Time to Give Your Employee Wellness Programs a Check-Up to Ensure Compliance with GINA

  The U.S. Court of Appeals for the Fifth Circuit recently provided employers with some food for thought in considering their employee wellness programs in relation to the Genetic Information Nondiscrimination Act (GINA). In Ortiz v. City of San Antonio Fire Dep’t. (SAFD), the collective bargaining unit allowed for a mandatory wellness program for all SAFD employees. As part of SAFD’s mandatory requirements, all uniformed employees were required to submit to a “job-related medical evaluation,” which included a physical exam; blood and urine tests; and testing…

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16 Oct 2015 Tenth Circuit Finds Secretly Recorded Age-based Remarks To Be Double-Edged Sword That Can Be Used as Evidence of Plaintiff’s Own Wrongdoing

In Housley v. Spirit Aerosystems, Inc., the U.S. Court of Appeals discussed the significance of the parties’ objections and requests for limiting instructions at trial, which serves as a reminder to plaintiffs and defendants alike. In this case, the plaintiff (a long-time employee of The Boeing Company (Boeing)) sued Spirit and Boeing, alleging that she had been discriminated based on her age (56) after Boeing sold its Wichita facility to Spirit, and Spirit did not hire her based upon the recommendations of Boeing management. Specifically,…

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04 Sep 2015 Second Circuit Clarifies Viability of Retaliation Claim Under Section 1983 For Having Complained of Discrimination

Recently, the U.S. Court of Appeal for the Second Circuit, resolved confusion surrounding the viability of retaliation claims under 42 U.S.C. § 1983, clarifying that a plaintiff can bring an action under Section 1983 for retaliation based on complaints of discrimination. In the case at issue, Vega v. Hempstead Union Free School District, plaintiff was a bilingual high school teacher with many years of service, who alleged discrimination based on his “Hispanic ethnicity” and retaliation under Title VII and Section 1983 against the school district,…

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22 Jul 2015 Enhanced Discrimination Protections Potentially on the Horizon for Federal Employees

The U.S. House of Representatives has approved a bill (H.R. 1557) that would afford additional anti-discrimination and anti-retaliation provisions to federal employees.  H.R. 1557, introduced in March of this year and titled the Federal Employee Antidiscrimination Act of 2015, amends the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002, placing stringent requirements upon federal agencies to be transparent and accountable when investigating and rectifying complaints of discrimination or retaliation. The bill passed by a landslide in the House of Representatives this week, with…

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29 Apr 2015 U.S. Supreme Court to Provide Guidance on Constructive Discharge Statute of Limitations Period

On April 27, the Supreme Court granted the Petition for a Writ of Certiorari filed by former Englewood, Colorado Postmaster, Marvin Green, agreeing to consider the following question:   Under federal employment discrimination law, does the filing period for a constructive discharge claim begin to run when an employee resigns, as five circuits have held, or at the time of an employer’s last allegedly discriminatory act giving rise to the resignation, as three other circuits have held?   The petition arose after the U.S. Court…

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06 Feb 2015 EEOC Data Released for 2014 Shows Uptick in Retaliation Charges and Allows For State-By-State Comparison of Charge Activity

The EEOC has released its private sector data tables and a press release regarding enforcement data for fiscal year 2014. This data establishes that 42.8 percent of the 88,778 charges of workplace discrimination received by the agency alleged retaliation – an all-time high, despite there being an overall downtick in overall charge filing attributed to the government shutdown during the reporting period.   Through its enforcement efforts, and prior to litigation, the EEOC obtained more than $296 million in monetary relief, with more than $22…

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