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BT Currents - Hot Topics in Employment Law

20 Sep New FCRA Form for Pre-Employment Background Checks Starts Sept. 21

Employers who routinely use third party credit reporting agencies for pre-employment background screening have a new requirement due to recent changes to the Fair Credit Reporting Act (FCRA). Starting September 21, 2018, employers that use background checks must notify job applicants and employees of their rights under the FCRA using a new “Summary of Consumer Rights” form. Failure to provide the correct notification can expose employers to legal risk, including class action litigation. The primary change to the form relates to disclosures regarding the consumer’s…

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10 Sep Paid Sick Leave And Minimum Wage: What’s Next For Michigan Employers

On September 5, 2018, Michigan’s Republican majority legislature adopted ballot proposals concerning minimum wage and paid sick leave. With that step, legislators removed both proposals from the November general election ballot.   This means legislators retain the ability to amend either law with a simple majority vote instead of the three-fourths vote required to amend a ballot initiative if it were passed by voters in November. The Michigan legislature can amend either or both laws before their March 2019 effective dates – either during the…

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15 Aug Common Sense Prevails in California Wage Victory, Falters in PAGA Action

Section 226 of the California Labor Code requires employers to provide and maintain accurate wage statements, including all applicable pay rates. A plaintiff is “injured” “if the accuracy of any of the items… cannot be reasonably ascertained from the four corners of the wage statement.”   In the recent case Raines v. Coastal Pacific Food Distributors, Inc., an employee sued her employer complaining that she could not readily figure out her overtime wage rate without using a calculator. She also brought a similar PAGA action…

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13 Jul Binary Bathrooms? Schools Emerge As Fulcrum On This Issue

Deliberations over the adoption of policies regarding bathroom access can be tricky, especially when the disputes involve young children and concerned parents.  Within the last year, profound disagreement has arisen among what schools should do regarding transgender students and bathroom policies.    In February, President Donald Trump’s Education Department confirmed that it is no longer investigating civil rights complaints from transgender students barred from school bathrooms that match their gender identity. The Education Department spokeswoman Elizabeth Hill in response to questions from The Washington Post…

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03 Jul Establishing Direct Threat: How to Leverage the “Individualized Assessment”

Successfully asserting the Americans with Disabilities Act’s (ADA) direct threat affirmative defense is difficult.  It is disfavored because of the fear that well-intentioned concerns of injury will otherwise result in qualified disabled individuals being excluded from work.  A recent federal trial court decision, involving an operator at an ExxonMobil chemical plant shows how an employer can establish a direct threat disqualification in the face of conflicting medical opinions. The case is Spencer-Martin v ExxonMobil Corp., M.D. La., No. 16-789 (June 15, 2018).   The ADA’s…

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