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BT Currents - Hot Topics in Employment Law
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28 Aug 2015 California Strikes Again! Senate ‘OKs’ Bill Limiting Employment Arbitration

  This week the California State Senate passed a measure that would block most employers from forcing workers to agree to arbitrate labor disputes instead of filing claims with state agencies or courts.  The senate approved the measure, AB-465—which is sponsored by the California Labor Federation and has drawn fierce opposition from the California Chamber of Commerce. Following AB-465’s passage, the senate ordered the bill to the assembly. The bill would add a new provision to the Labor Code to prohibit any person from:  …

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18 Aug 2015 Federal Court Allows Arbitration After Employer’s Nine-Month Delay

  At first glance, a recent decision from the Eastern District of Pennsylvania appears to throw cold water on the generally accepted rule that an employer who waits too long to enforce its right to arbitrate employment disputes waives that right.  The case, Serine v. Marshall, Dennehy, Warner & Goggin, et al., involved an employee who sued her former employer – a law firm – in federal court and the firm waited more than nine months before seeking to pursue arbitration.   The law firm…

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29 May 2015 Are You Ready for OSHA’s Revised Hazard Communication Deadline – June 1, 2015?

  The Occupational Safety and Health Administration’s (OSHA) revised Hazard Communication Standard (HCS) compliance deadline of Monday, June 1, 2015, is fast approaching. The revised standard was effective in 2012, but it has staggered compliance deadlines for various aspects of the regulations over the years.   Employers were required to train their employees on the new labeling elements as well as the new standardized safety data sheets by Dec. 1, 2013. The deadline for chemical manufacturers, importers and distributors to comply with new hazard classifications…

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20 Mar 2015 It’s That Time of Year Again and So Has Begun the Madness of Lost Productivity

  It is that time of year again when traffic to work becomes lighter and the commute easier. It is also that time when, as predictable as ever, there is a sudden surge of “sick” employees at this time. The cause of your employees’ collective “illness”? A little too much basketball.   According to a recent Yahoo Sports Poll, approximately 14 percent of employees will call in sick for the first two days of this annual tradition of college basketball playoffs. For those employees who…

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20 Mar 2015 Non-Union Employers Beware – The NLRB May Come Knocking On Your Door

  In recent years, the National Labor Relations Board (NLRB) has taken a very aggressive stance on policies or work rules contained in employee handbooks. While the stance has been aggressive, it has also sent mixed messages to the employer community because policies that employers may have used for decades to protect their interests and employee privacy are suddenly being stricken down by the NLRB. And whether a policy or work rule is legally sound or may violate the National Labor Relations Act often comes…

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12 Feb 2015 Signing Section 2 of I-9 Forms Can Get You in Trouble!

  You believe your I-9s are in good order, you are confident that you are not employing unauthorized individuals and are not concerned about ICE audits because you are doing everything by-the-book. Or so you thought!   On Jan. 20, 2015, the U.S. Department of Justice Executive Office for Immigration Review, Office of Chief Administrative Hearing Officer (OCAHO) in U.S. v. Employer Solutions Staffing Group II, LLC, upheld ICE’s finding and proposed assessment of $227,251.75 in fines for making a false attestation on Section 2…

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29 Oct 2014 Simply Because You Have Been Sued Doesn’t Mean That You Should Sue Back – At Least Not Immediately

  Many employers are shocked when they find out they have been sued by a former employee, and that shock frequently turns to anger. Employers often tell their lawyers that there’s no merit to the employees’ allegations, and they say they want to countersue for “malicious prosecution.” A high profile case that was recently filed in New York state court – Facebook Inc. et al. v. DLA Piper LLP (USA) et al., (Case No. 653183/2014) – provides a brief learning lesson for employers who believe…

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24 Oct 2014 The Importance of Documentation in Defending A Termination Decision Employment Lessons Learned

This blog post is the inaugural post in what is intended to be an examination of lessons learned for employers through trial court decisions.  One might ask – why trial court decisions? The answer is simple – trial court judges are charged with examining the facts of each case when deciding who wins. And it is this examination that provides the lessons learned for employers. The name of the case, and even the jurisdiction, are not important.  But the facts are critical:   Prior to…

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07 Oct 2013 Courage and HR’s “Seat at the Table” in Your Company

  Last week I heard Johnny Taylor give a keynote address to the American Association of School Personnel Administrators annual meeting in San Antonio. Mr. Taylor is a young but very accomplished (e.g. former President of SHRM) human resources professional as well as a lawyer (not to mention a very high energy and engaging speaker). He spoke to the group about a common and much-discussed question among HR professionals – how does HR get the respect it deserves, a  seat at the top executives’ table? And he was appropriately very…

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