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The Legal Stuff
BT Currents - Hot Topics in Employment Law

24 May Letter C: Co-Workers With Criminal Records? Your Workforce May Be More Open-Minded Than You Think

Letter C is coming at you with a double-punch: Are employees comfortable with their Co-workers having Criminal records?  At least one survey indicates that the answer is yes.   A recent survey commissioned in part by the Society for Human Resource Management finds that a majority of workers say they are willing to work with individuals with criminal records.  The survey aptly notes that, as unemployment continues to decrease, individuals with criminal records might serve as a previously overlooked labor pool.  The survey also found…

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18 May The $8 Million Burrito; Or How Not To Conduct Video Surveillance

Many employers install video surveillance to stop theft and provide helpful evidence to support their employment decisions.  From a legal standpoint, video surveillance generally is allowed if reasonable – monitoring the cash register is fine; installing a camera in a bathroom stall obviously is not.  In truth, the vast majority of what is surveilled is frankly, boring: the camera largely becomes a forgotten silent witness to the daily grind.  Hardly anyone ever watches what the camera records and no one would ever want to look…

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02 May California Supreme Court Ruling to Give More Workers Employee Status

On Monday, the California Supreme Court issued an opinion in Dynamex Operations West Inc. v. The Superior Court of Los Angeles County, which reversed nearly three decades of precedent by rejecting the longstanding Borello worker classification test. The opinion effectively expands the number of workers that will be deemed as employees for purposes of California wage orders, ultimately granting such workers benefits, minimum wage, and overtime compensation, as well as rest and meal breaks.   As a result of this decision, California employers will have…

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01 May More on Medical Marijuana – Will Ohio Protect Employers’ Zero-Tolerance Policies?

When I wrote my last post on medical marijuana, I stated that once Ohio’s new medical marijuana law goes into effect in September, employers will still have a right under state and federal law to enforce zero-tolerance policies regarding marijuana use. Since then, people have pointed out to me that employees in other states have found exceptions to these laws that protected marijuana use and have questioned whether such loopholes exist in Ohio’s new law. While no courts have yet ruled on any cases regarding…

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26 Apr When Is A Sexual Harassment Policy And Training Ineffective?

As we continue our series on sexual harassment cases, here’s a play-by-play of a recent First Circuit case, Aggannis v. T-Mobile, USA, Inc.   A customer service rep (CSR) complains to her manager that her team “coach” made a sexual comment about her outfit.  Score for the manager who reports this to HR! HR follows up, but CSR says it’s no longer an issue; she stopped wearing the outfit and doesn’t want anything done.  HR drops it.  Tough call – management has an obligation to…

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