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BT Currents - Hot Topics in Employment Law

29 Jun Ohio Legislature Considers Adding Teeth to New Gun Law

  On March 21, Ohio’s new gun law went into effect without a way to enforce it. The new law prevents employers from making or enforcing any policy that prohibits employees with concealed carry permits from storing firearms and ammunition in their locked cars on employer property. While this law spelled out employees’ right to lock guns in their cars, it contained no enforcement mechanism and no clear penalty on employers who obstruct employees from exercising their right.   Now the Ohio Senate is considering…

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21 Jun California Supreme Court Clarifies Day-of-Rest Statutes

  The California Supreme Court recently clarified a question plaguing many California employers. Last month, the U.S. Court of Appeals for the Ninth Circuit asked the Supreme Court of California to address several unresolved questions concerning the construction of California’s day-of-rest statutes.   California Labor Code Sections 550–558.1 prohibit an employer from “caus[ing] his employees to work more than six days in seven” (§ 552), but do not apply “when the total hours of employment do not exceed 30 hours in any week or six…

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15 Jun ‘You’re Doing a Great Job Brownie, er Comey . . . and You’re Fired!’ Avoiding Unforced Errors in Employment Terminations

  Last week, former FBI director James Comey testified before a Senate Committee in front of a packed house and with millions more watching on television (the event even was live-streamed in some D.C.-area bars). During the hearing, Comey expressed confusion over being fired for poor performance because before his termination, the president allegedly told him that he was doing a “good job.”   Comey’s testimony is reminiscent of the firing of another government official – Michael Brown. You may remember that Brown was the…

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09 Jun Lessons Learned – Engaging in Protected Activity Does Not Shield An Employee From Termination

  Navigating the FMLA, the ADA, and a myriad of state laws poses challenges for even the most knowledgeable HR professional. But as one court recently reminded us in Ibewuike v. The Johns Hopkins Hospital, employers can hold employees accountable for misconduct (such as violating leave policies) unless of course, it would be reasonable, under the facts and circumstances of the particular situation, to excuse the misconduct.   In Ibewuike, the employee applied for leave under the FMLA in connection with the anticipated birth of…

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08 Jun Ohio Court Finds New Local Minimum Wage Law Unconstitutional on Technicality

  A Franklin County, Ohio, judge has invalidated a new Ohio law that prohibited municipalities from enacting pro-employee laws raising the local minimum wage and guaranteeing additional employee rights. The law was found to be unconstitutional, but only on procedural grounds.   Ohio Senate Bill 331 started as an animal welfare bill – it regulated the sale of dogs from pet stores, prohibited cockfighting and bearbaiting, and outlawed bestiality. However, during the lame duck legislative session in December 2016, the House Finance Committee added diverse…

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