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The Legal Stuff
BT Currents - Hot Topics in Employment Law

20 Apr En Banc Panel Rules in Favor For Administrator In Pay Disparity Case

The question before the panel was simple: can an employer justify a wage differential between male and female employees by relying on prior salary? Based on the text, history, and purpose of the Equal Pay Act, the panel held that prior salary – whether alone or in combination with other factors – may not justify a difference in pay between male and female workers doing the same job.   The opinion was written by Judge Stephen R. Reinhardt prior to his death in early April…

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19 Apr Zero-Tolerance for Upside-Down Burritos

  A recent decision from the U.S. Court of Appeals for the Eleventh Circuit provides some useful reminders for employers on the benefits of establishing and enforcing zero-tolerance drug policies and effectively documenting performance actions. The case is Caporicci v. Chipotle Mexican Grill, Inc., Eleventh Circuit Case No. 16-13494.   Like many employers, Chipotle has a drug policy, which prohibits any employee from reporting to work under the influence of alcohol, drugs or controlled substances, and also requires that employees who use medically prescribed or…

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28 Mar Employment Posters and Policies – Is There A Duty To Translate?

When setting workplace expectations, proactive employers should recognize the varying levels of literacy and English fluency in today’s workforce, as well as the need for employment information to be accessible to individuals with disabilities. Plain English policies, which are clear to the average reader, are important.  But is there a duty to translate key employment documents or information?   Under federal law, there are at least three instances in which an employer may be required to provide notices in a language other than English:  …

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27 Mar Will You Agree to an Inclusion Rider?

  During the March 4 Academy Awards, actor Frances McDormand introduced a national audience to the diversity-focused contract provision known as an “inclusion rider.” It requires producers to set inclusion goals for on-screen and off-screen talent from under-represented groups. Such goals are intended to “reflect the world in which we actually live.” In a given production, such a rider might establish a goal that the cast be 50% female, 40% under-represented ethnic groups, 20% people with disabilities and 5% LGBT.   Employers large and small…

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23 Mar Medical Marijuana is Coming to Ohio– What Employers Need to Know

  In 2016, Ohio approved the legalization of medical marijuana, but the law does not go into effect until September 2018. Some Ohio business owners might be nervous at the prospect of employees soon having greater access to marijuana, but they needn’t worry, as the law was written in a pro-employer manner.   Nothing in Ohio’s medical marijuana law:   Requires employers to accommodate an employee’s use, possession, or distribution of marijuana in the workplace Prohibits employers from disciplining, terminating, refusing to hire, or otherwise…

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