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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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23 Feb Wisconsin Supreme Court Splashes Cold-Water on the Enforceability of Non-Solicitation of Employee Covenants

  Wisconsin is one of the states which has a statute regarding the enforceability of restrictive covenants.  Under Wisconsin law, such a covenant is enforceable within a specific territory and for a specified time, but only if the restrictions imposed are reasonably necessary for the protection of the employer or principal (Wisconsin Statute § 103.465).   Wisconsin courts historically have applied the statute to all forms of employee limitations, including non-disclosure covenants.  See Tatge v. Chambers & Owen, Inc., 579 N.W.2d 217 (Wis. 1998).  In…

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08 Feb Ohio Bill Protecting LGBTQ Rights Receives Widespread Support at Committee Hearing

  In October we detailed a new bill in the Ohio legislature aimed at banning discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodations. As an update, House Bill 160, dubbed the Ohio Fairness Act, is currently before Ohio’s House Government Accountability and Oversight Committee.   On January 31, 2018, the committee held a public hearing and provided an opportunity for proponent testimony. It was the first time in nine years that a bill protecting LGBTQ individuals was…

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22 Jan Immigration: Take Action Now on H-1B Applications – Changes on the Horizon

Authored by Mercedes Badia-Tavas, and Jeff Papa.   President Donald Trump’s executive order in April 2017 entitled “Buy American and Hire American” (BAHA) is leading to proposed regulatory changes by the Department of Homeland Security (DHS), which will affect U.S. employers intending to hire and sponsor qualified foreign nationals in specialty occupations for the H-1B visa.   Given these expected changes may occur with little advance notice, planning by human resource and legal departments at U.S. companies is key to maintaining lawful global talent in the U.S….

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12 Jan ICE Raids on 7-Eleven Franchise Stores Result in 21 Arrests

  On January 10, U.S. Immigration and Customs Enforcement (ICE) agents commenced employment audits at nearly 100 7-Eleven franchises across the U.S., signaling the biggest crackdown on suspected illegal workers since President Trump took office. The raids resulted in 21 administrative arrests. Following the raids, ICE Deputy Director Thomas Homan said in a statement: “Today’s actions send a strong message to U.S. businesses that hire and employ an illegal workforce: ICE will enforce the law, and if you are found to be breaking the law,…

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