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BT Currents - Hot Topics in Employment Law
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20 Apr 2018 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 2018 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 2018 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 2018 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 2018 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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11 Jan 2018 Are Your Personal and Corporate Electronic Devices and Data Safe When Traveling?

Authored by Mercedes Badia-Tavas and Jeff Papa.   On Jan 4, 2018, U.S. Customs and Border Protection (CBP) issued a guidance, Directive 3340-049A, governing Border Searches of Electronic Devices. The purpose of this directive is to assure that the “authority for border search of electronic devices is exercised judiciously, responsibly and consistent with public trust.” The business community has viewed these searches as a cause of anxiety and concern for all employees regardless of status, that require due diligence and forethought.   Over the past several…

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20 Dec 2017 Employment Visas: Changes to Expect in 2018

  Change is afoot. The Trump administration has moved full steam ahead on immigration proposals focused on, among other things, increased scrutiny of employment visas. The proposed changes were announced in a semi-unified agenda and comes at the heels of Trump’s “Buy American and Hire American” Executive Order, which was rolled out earlier this year. If implemented, these changes will affect thousands of immigrants, and may make it more difficult to obtain work authorization for certain categories of employees.   This agenda does not by…

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23 May 2017 Ohio House Takes Steps to Modernize Outdated Antidiscrimination Statutes

  On May 9, the Ohio House of Representatives’ Economic Development, Commerce, and Labor Committee favorably reported on House Bill 2, a bill that would streamline and modernize Ohio’s archaic antidiscrimination statutes.   Ohio’s antidiscrimination statutes are currently some of the least friendly in the country to employers. There are lengthy statutes of limitations, along with individual liability for managers and uncapped damages. There are four ways to file an age discrimination claim, all with different statutes of limitations and remedies. A plaintiff can simultaneously…

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30 Jan 2017 Trump Administration Quick Hitters: Acting EEOC Chair Named, Chief of Staff Requests Regulation Freeze, and DOJ Requests Delay in Fifth Circuit Appeal of OT Rule

  It’s only been a week, but the Trump administration has already been busy making its presence felt in the world of labor and employment.   New EEOC Acting Chief   On Wednesday, President Trump appointed current EEOC Commissioner Victoria Lipnic, a Republican, as the Acting Chair of the Commission.  Originally appointed to the Commission by former President Barack Obama in 2010, her term is set to expire in 2020. Lipnic had previously served in a high-level position in the Department of Labor during the…

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30 Dec 2016 75,000 Reasons Why Employers Should Timely Comply With Form I-9 Requirements

  Just in time for the holidays is a nicely wrapped reminder from the U.S. Court of Appeals for the Second Circuit about how important it is for employers to timely complete I-9 forms on all employees, and properly retain I-9 records in the event of a government inspection.   Before getting into the case, and for the benefit of those of you who still are suffering from a bit too much “holiday cheer,” here is a brief primer to bring you back up to…

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