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BT Currents - Hot Topics in Employment Law

24 Feb FMLA Final Rule: ‘Spouse’ Means Same-Sex Spouse (Even in Alabama)

Even for HR veterans, administering the FMLA still triggers occasional anxiety attacks. Within the last two weeks, I was asked, “How should we treat same-sex spouses under the FMLA?” On at least this cause for nervousness, the Department of Labor has finally issued clear guidance.   On Feb. 23, Secretary of Labor Thomas Perez announced, in essence, that under the FMLA, “spouse” means “spouse,” even if you are living in a state that does not recognize same sex marriages.   The DOL’s Final Rule announced…

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19 Feb Putting Out a Welcome Mat for Disabled Workers: Government Guide Provides Tips for Hiring and Retention

In a continuing effort to bolster employment prospects for individuals with disabilities, a number of federal agencies have joined forces to produce a guide that encourages employers to open their doors to more disabled workers.   The publication, entitled “Recruiting, Hiring, Retaining, and Promoting People with Disabilities: A Resource Guide for Employers,” was published online earlier this month via the whitehouse.gov site.   The guide has a number of useful pointers and links for hiring managers and supervisors who work with individuals with disabilities.  In…

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11 Feb Court Triples Time to Bring a Minnesota Whistleblower Claim

In the recently decided case Ford v. Minnesota Public Schools, the Minnesota Court of Appeals rebuffed long-standing precedent by holding that plaintiffs have six years to file a claim under Minnesota’s whistleblower statute. This decision effectively reversed Larson v. New Richland Center, a case that had been good law since 1995. Since Larson, and until Ford, courts had reasoned that because whistleblower claims constituted “torts resulting in personal injury,” they were subject to Minn. Stat. § 541.07(1)’s two-year statute of limitations.   The decision and…

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30 Jan Supervisor’s Statement Precludes Summary Judgment

Business jargon permeates the workplace. For many of us, not a day goes by without hearing phrases such as: “hit the ground running,” “Let’s take this offline,” “paradigm shift,” “lots of moving parts,” “tenure,” etc. Some business lingo, however, may have the potential to cause trouble down the line.   A recent age discrimination case out of Louisiana illustrates this point perfectly. In this case, a manager allegedly made numerous references to hiring “new blood” for the workforce. The federal court ultimately denied the employer’s…

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30 Jan Are You Relying on Electronic Signatures for Employment Documents?

The California Court of Appeal, Fourth Appellate District, in Ruiz v. Moss Bros. Auto Group, Inc., recently affirmed an order denying a petition to compel arbitration where the employer failed to present sufficient evidence that the employee electronically signed an arbitration agreement. In Ruiz, Plaintiff Ernesto Ruiz filed a putative class action complaint alleging various wage and hour violations by his employer, Moss Bros. The company filed a petition to compel arbitration of Mr. Ruiz’s individual claims based on an arbitration agreement the Company claimed he electronically…

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