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The Legal Stuff
BT Currents - Hot Topics in Employment Law
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30 Dec 2016 The DOL’s Final Rule on Life Support?

  Earlier this year, the Department of Labor (DOL) issued its long-awaited final rule updating the salary level for workers who are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). The final rule, also commonly known as the overtime rule, was supposed to go into effect on Dec. 1, 2016.   As readers of this blog are aware, the update was met with fierce opposition from business groups and employers. In September, a group of 21 states and various business groups…

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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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27 Dec 2016 EEOC and Hospital Settle Flu Vaccine Religious Accommodation Lawsuit

  Six hospital employees who refused influenza vaccines will be offered re-employment and will receive payments totaling $300,000 to resolve the U.S. Equal Employment Opportunity Commission’s (EEOC) religious accommodation lawsuit against their former employer.   The EEOC and Saint Vincent Health Center in Pennsylvania entered into a consent decree, filed Dec. 23, that includes the hospital’s agreement to terms requiring careful consideration of requests for accommodations based on sincerely held religious beliefs, practices and observances with respect to mandatory influenza vaccination programs. As part of…

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20 Dec 2016 EEOC Offers Compliance Tips for Small Businesses

  The EEOC has expanded its online resources aimed at small-business owners to assist with compliance with equal opportunity laws, highlighting its small business liaisons who can offer training and answer questions about the laws the EEOC enforces. But employers should keep in mind that the EEOC’s tips are not tailored to specific facts and circumstances.   The small business section of the EEOC’s website includes helpful information on basic equal employment opportunity issues, such as recordkeeping and notice posting, non-discrimination in hiring, and prevention…

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15 Dec 2016 Ohio Employers May Soon See Employees Packing Heat in Their Cars

  Ohio employees with concealed carry licenses may soon be legally allowed to bring firearms onto their employers’ property. Currently, Ohio law allows most private employers to ban firearms anywhere on their premises, including in their employees’ locked vehicles in the parking lot. However, Senate Bill 199 would prevent employers from prohibiting concealed handgun license holders from storing firearms in their locked vehicles, even if those vehicles are on company property. Senate Bill 199 has passed through the legislature and is on its way to…

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14 Dec 2016 A U.S. Supreme Court ADA Showdown Is A-Brewin’: Eleventh Circuit Contradicts Seventh Circuit Regarding Non-Competitive Mandatory Reassignments

  This past week, the U.S. Court of Appeals for the Eleventh Circuit (encompassing Florida, Georgia, and Alabama) reignited an old-fashioned statutory interpretation duel. Ok, it’s not as exciting as the Earps vs. the Clantons at the O.K. Corral, but it certainly has more far-reaching ramifications for employers and employees alike.   The issue: whether, when an employee with a disability cannot perform the essential functions of his or her current job, the Americans with Disabilities Act (ADA) requires mandatory reassignment of minimally qualified individuals…

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13 Dec 2016 Ohio Lawmakers Consider Banning Cities From Raising Minimum Wages

  Be it New York City, Chicago, Los Angeles or other municipalities, it is fairly common for large cities to have higher minimum wages than the states in which they are located. These cities have a more expensive standard of living than smaller municipalities in their states. They also likely are more politically liberal than less urban areas in their states and are more likely to favor pro-employee policies. But in Ohio, state legislators are considering a bill that would prevent Ohio cities from raising…

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12 Dec 2016 Add Cleveland to The Mix: Cities and States Increasing the Employment Law Battlegrounds – With Video

  Earlier this fall, I reported in this video how the Kentucky Supreme Court struck down Louisville’s minimum wage ordinance.  Cleveland has likewise enacted a minimum wage that exceeds state or federal requirements, the subject of a pending 2017 special election, and there is a bill pending in the Ohio General Assembly to strike down Cleveland’s law. A quick search of BT Currents shows the increasing level of municipal employment law activity. This trend seems likely to only continue, as we enter an era likely…

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12 Dec 2016 Litigation Battle Over Minneapolis Sick Leave Ordinance

  As explained in an earlier blog, Minneapolis passed a controversial paid sick leave ordinance in the spring. The ordinance affects all private employers with one or more employees working at least 80 hours in a calendar year in Minneapolis – which equates to 1.5 hours per week.   In response, the Minnesota Chamber of Commerce commenced litigation in Hennepin County District Court, seeking injunctive relief to halt the ordinance, which is to become effective July 1, 2017. On Dec. 8, the court did not…

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09 Dec 2016 Fifth Circuit Agrees to Expedite Appeal on Overtime Rule Injunction

  The U.S. Court of Appeals for the Fifth Circuit has announced the briefing schedule in the overtime rule appeal being closely watched by both employers and employees alike. In November, U.S. District Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction blocking the Department of Labor’s (DOL) overtime regulations that would have increased the salary threshold underlying the executive, administrative and professional exemptions. This injunction was issued just days before the Dec. 1 effective…

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