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BT Currents - Hot Topics in Employment Law

31 Jul Survey Says: Almost All Employers Use Background Checks (and Other Notes on Pre-Employment Testing)

    As we sometimes do, we turn our attention to one of the monthly surveys from the Ohio-based Employers Resource Association (ERA). This survey focuses on a number of interesting questions about hiring trends as practices, such as who interviews applicants (24 percent of respondents have peers interview applicants) and what resources are used to find candidates (not surprisingly, online job boards leads at 89 percent).   More on the employment law side, I thought the question showing what percent of employers use various kinds…

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26 Jul DOL Invites Public Input: Rethinking the Stalled Questions on Overtime

  Perhaps lost amidst other issues in Washington, D.C., the Department of Labor (DOL) announced on July 25 that it is tackling the long-awaited questions about overtime regulations.   The DOL’s Wage and Hour Division (WHD) is publishing a formal Request for Information that asks for public feedback on the Obama administration’s overtime rule. Once the RFI is published in the Federal Register, the public will have 60 days to submit comments. You’ll remember that the overtime regulations, which doubled the minimum salary levels for…

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20 Jul The Color of Your Shoes and At-Will Employment

  At-will. At-shmill.   It bears repeating: At-will. At-shmill.   (I checked on my decidedly non-lawyer like tendency to deride something by repeating it with “shm-’ added. Turns out it’s really a thing.)   That’s what I think to myself when (hypothetically speaking) an employer sued by a recently terminated employee sits down and proclaims some variation of the following: “We can’t lose this case because she was an ‘at-will’ employee.” The statement is made as if the presence of a handbook statement and an…

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11 Jul U.S. Department of Labor Abandons Obama Overtime Rule

  On June 30, the U.S. Department of Labor told the U.S. Court of Appeals for the Fifth Circuit that it intends to abandon the Obama overtime rule, but pursue new rule-making to set a more reasonable salary level. The department asked the Fifth Circuit to confirm is ability to set a minimum salary level through rulemaking. The department told the Fifth Circuit it would not initiate new rulemaking until the court affirms its right to set a minimum salary level – so timing remains uncertain.  …

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10 Jul Ohio House Passes Bill Weakening Employers’ Ability to Restrict Guns on Property

  If it feels like I’m beating (or shooting) a dead horse with Ohio gun laws lately, it is because the Ohio legislature keeps passing laws that restrict employers’ right to prohibit firearms in their workplaces. The newest bill, which passed out of the Ohio House on July 6, would eliminate criminal penalties for carrying a deadly weapon into a business that restricts them.   As the law currently stands, a business may post signage stating that firearms are prohibited on the property. If an…

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