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BT Currents - Hot Topics in Employment Law

08 Jan Goals for the New Year: Prevent and Better Defend Employment Claims

  As sure as the calendar turns to a new year, there is no doubt that employers will see new employment discrimination charges and employment lawsuits filed.  So now is a good time for a check-up to see if you are well-positioned to minimize the risks of such claims in 2018.  Here are three quick, general pointers:   Clear Expectations. We’ve all seen it, in one form or another – the employee who, when faced with termination, will say: “I didn’t know that could get…

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29 Dec As Predicted, DOL Proposes Changes to Tip Pool Rule

As predicted in an earlier post, the U.S. Department of Labor has issued a Notice of Proposed Rulemaking which would alter its 2011 rule on tip pooling.  The 2011 rule prevented employers from requiring tipped employees from sharing their tips with traditionally non-tipped workers.  Under the proposed rule, employers who directly pay tipped employees the full minimum wage may require those employees to pool their tips with traditionally non-tipped employees.   The Fair Labor Standards Act (“FLSA”) generally requires employers to pay employees the minimum…

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28 Dec Nursing Mothers Protected under Discrimination Laws, says Connecticut Federal Court

  As we’ve recently outlined, the Illinois Nursing Mothers in the Workplace Act and Illinois Human Rights Act mandates that employers must be prepared to accommodate pregnant employees and nursing mothers. A recent ruling in Connecticut federal court should stand as a reminder to employers that Illinois is not the only state where the rights of pregnant employees and nursing mothers are protected.   Jill Grewcock was a nursing mother who sued her employer, Yale-New Haven Health Services Corporation, for sex discrimination and retaliation in…

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28 Nov Part 2: Sex, Power, and the Workplace – Preventing the Backlash

  Are workplaces at risk for a backlash? How do we preserve and continue to advance opportunities for women when their male coworkers are worried? Worried about exactly where the line is between friendliness and sexual harassment at work? A recent New York Times article raised this question with men at work, who wondered about their own behavior, and also raise concern for their female coworkers.   In general, although women at work acknowledge the recent conversation about sexual harassment is overdue, they now worry…

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28 Nov OSHA Extends Electronic Recordkeeping Submission Deadline to Dec. 15

  As we have covered in a prior post, the electronic recordkeeping deadline was moved from July 1, 2017, to Dec. 1, 2017, after the Occupational Safety and Health Administration (OSHA) filed a notice of proposed rulemaking. After the two-week debacle in August, where OSHA was forced to take down its own electronic portal for submission of OSHA records due to a potential compromise of user information, the final rule postponed the deadline for two more weeks until Dec. 15, 2017. OSHA states that this…

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