Follow Us
twittergoogle_pluslinkedinrssyoutube
Subscribe to the BT Currents Blog

By signing up, you agree to our Terms of Service and Privacy Policy.

Recent Posts
The Legal Stuff
BT Currents - Hot Topics in Employment Law
0 0

29 Mar 2017 Liability Waiver in Pre-Employment Disclosure Form is Unlawful, Says Ninth Circuit

  In Syed v. M-I, LLC, the U.S. Court of Appeals for the Ninth Circuit recently held that a prospective employer violated the disclosure requirements of the Fair Credit Reporting Act (FCRA) by including a liability waiver in a job applicant’s pre-employment form. The provision of the FCRA at issue – 15 U.S.C. § 1681b(b)(2)(A) – requires prospective employers to disclose “in a document that consists solely of that disclosure” that they may obtain a job applicant’s consumer report as part of the employment application…

READ MORE
0 0

28 Mar 2017 Update on Trump’s Line-Up for DOL and Supreme Court

  Regulation-weary employers excitedly anticipated the new Trump Administration – and its promises that ranged from repealing the Affordable Care Act to appointing a friendly U.S. Supreme Court Justice to abolishing the fiduciary and overtime regulations. But, change often comes slowly in government, and employer expectations have been frustratingly delayed by some unexpected upsets on Capitol Hill. Apart from the last-minute decision to withdraw the GOP healthcare bill, here’s a quick update on two key Trump nominees.   Secretary of Labor   The ill-fated nomination…

READ MORE
0 0

24 Mar 2017 Easy Come, Easy Go: Appeals Court Reverses $2.6 Million Award in ADA Case

    In a helpful case for employers, the Second Circuit Court of Appeals reversed a $2.6 million jury verdict in Stevens v. Rite-Aid Corporation (Case No. 15-277), holding that the employer could not reasonably accommodate a pharmacist’s fear of needles.   The case began in 2011, when Rite-Aid started requiring that all of its pharmacists be able to administer immunization injections to customers. But, the new job requirement presented a problem for Rite-Aid pharmacist Christopher Stevens; he suffers from the fear of needles, known…

READ MORE
0 1

27 Feb 2017 Federal Lawsuit Over Mass Layoffs Not on the Menu for California Restaurant Group

  A California restaurant chain recently got lucky and avoided a proposed class action filed by former workers who claimed the chain failed to provide proper notice before laying off approximately 3,000 employees.   The lawsuit alleged that the Catalina Restaurant Group’s April 2015 restructuring – the chain was sold, restaurants were closed and layoffs occurred at corporate headquarters – left about 3,000 employees out of a job without prior warning. Additionally, the suit claimed that those affected were offered no severance pay and were…

READ MORE
0 0

20 Feb 2017 Man’s Best Friend in School – What’s Next For Administrative Remedies?

  Do individuals have to exhaust administrative remedies outlined under the federal Individuals with Disabilities Education Act (IDEA) prior to bringing suit for damages in federal court? That is the question asked of the U.S. Supreme Court in Fry v. Napoleon Community Schools during oral arguments at the end of October. The Supreme Court is expected to rule this summer.   The case arose when a student with cerebral palsy wished to use a service dog, which helped her live independently, at school. Initially, the…

READ MORE
0 0

17 Feb 2017 Trump Promises to Re-tool Travel Ban After Last Week’s Hit from Ninth Circuit

  During an unprecedented, unscheduled press conference Thursday afternoon, President Donald Trump promised a new and improved travel ban in the name of national security. Last week, the president’s travel ban suffered a major setback from the U.S. Court of Appeals for the Ninth Circuit. Its decision in State of Washington v. Trump, upheld the arguments made by the states of Washington and Minnesota—which challenged the president’s executive order, in part, because the order negatively affected their state universities’ employees and students.   President Trump’s…

READ MORE
0 0

13 Feb 2017 Hotel California Checks Out of State Forum Selection Clauses You can file your lawsuit any time you like, but you can never leave . . .

  Multistate employers know that the state of California is hostile to restrictive covenants and generally regard non-compete agreements as unenforceable. Over time, some multistate employers have developed a two-step process (one of which has been scrapped by a newly adopted law) to protect their interests in California and sidestep the state’s roadblocks:   Require employees to sign confidentiality or non-disclosure agreements so that even if unfaithful employees subsequently leave to work for a competitor, the employer still has some recourse to limit the damage…

READ MORE
0 0

03 Feb 2017 Lessons Learned: FMLA-Protected Employees can be Disciplined in the Event of Misconduct

  Absent a contractual obligation to the contrary, common sense dictates that if an employee lies about the reason for an absence, an employer can terminate the employee for the lie. But, what if an employer (perhaps mistakenly) believes the reason for the absence was a lie, when in fact the reason for the absence (allegedly) is for an FMLA-protected reason? According to the U.S. Court of Appeals for the Third Circuit in Frederick Capps v. Mondelez Global LLC, that’s ok, too, so long as…

READ MORE
0 3

30 Jan 2017 Survey Says: About Half of Employers Offering Paid Sick Leave

  From time to time we share the interesting surveys our friends at Employers Resource Association take from their employer members on timely topics. This one is pretty straightforward:   53 percent of the employers surveyed offer paid sick leave, or PTO, that can be used for sick leave Generally this is for full-time employees only 30 hours is a very common cutoff to determine who is full time Most companies providing paid leave offer at least some at time of hire   Paid sick or…

READ MORE
0 0

26 Jan 2017 Texas Supreme Court to Decide Whether Same-Sex Spouses Are Entitled to Benefits

  Traditionally, marriage is about romantic concepts like love and companionship. But it also has a practical component, such as employee benefits eligibility. Same-sex couples across the country won the right to marry as a result of the U.S. Supreme Court’s ruling in Obergefell v. Hodges in 2015. However, the practical benefits of same-sex marriage are under fire in Texas and the Texas Supreme Court could limit same-sex couples’ right to spousal benefits.   In 2013, same-sex marriages were not allowed in Texas, but the…

READ MORE