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BT Currents - Hot Topics in Employment Law
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29 Feb 2016 Seventh Circuit to Review Wellness Program Under Americans with Disabilities Act

  Employers with incentivized wellness programs should keep a close eye on the Seventh Circuit’s treatment under the Americans with Disabilities Act (ADA) of a plastic-maker’s policy that requires medical exams as part of its voluntary wellness program. Previously, a federal court in Wisconsin ruled that the employer’s policy – which required enrolled employees to answer medical history questions, have blood drawn, and have their blood pressure measured – came within the ADA’s “safe harbor” provision because the employees were not at risk of losing…

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29 Feb 2016 State Noncompete Statutes, Your Company, and the Economy: One Perspective

  We write a lot on Currents about noncompetes. Even if your company does not use them, you may find yourself hiring somebody who has signed one with a former employer, and as a Currents reader, you know that the rules about noncompetes vary widely from state to state and you need to have some awareness of how they vary before making decisions. For example, even if an Ohio noncompete specifies the application of Ohio law, if litigation is commenced in another state, the other state’s courts…

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25 Feb 2016 Bill Proposes to Streamline Ohio’s Outdated Antidiscrimination Statutes

  Ohio’s antidiscrimination statutes are currently some of the least friendly in the country to employers. There are long statutes of limitations, individual liability for managers, and uncapped damages. Not to mention, the laws can be incredibly confusing – there are four different ways to file an age discrimination claim and they have different statutes of limitations, remedies and jurisdictions.   Hopefully for employers, this system will soon be corrected. Senator Bill Seitz has introduced Senate Bill 268, the Employment Law Uniformity Act. If the…

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18 Feb 2016 West Virginia Becomes Next Right-to-Work State Over Protest, Veto of Governor

  Employers take note and review your agreements and practices – On Feb. 12, the West Virginia house and senate overrode Governor Earl Ray Tomblin’s veto of SB 1 (known as the West Virginia Workplace Freedom Act), which amends the Code of West Virginia to prohibit employment agreements that require membership in a labor organization as a condition of employment, or any requirement that a person becomes/remains a union member as a condition of employment.   Additionally, SB 1 prohibits any requirement that, as a condition…

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17 Feb 2016 How to Minimize Retaliation Claims During the Termination Process

Last week, the EEOC recently released its enforcement data for Fiscal Year 2015. Unsurprisingly, retaliation claims continue to rise and made up nearly 45 percent of all charges filed. This statistic is unsurprising given the relative ease it is for an employee to assert a claim.   In most jurisdictions, the employee must only show he or she made a good faith complaint about an employment practice such as discrimination or harassment and, shortly thereafter, the employee suffered some form of adverse employment action such…

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16 Feb 2016 Refusal to Exempt Employee from “Mark of the Beast” Hand Scanner Proves Damning for Company

  This week the Equal Employment Opportunity Commission (EEOC) scored a victory on behalf of a man who claimed that his former employer failed to accommodate his religious beliefs. Beverly Butcher, an Evangelical Christian who had worked at a mine operated by Consolidation Coal Co. for 35 years, feared that a biometric hand scanner used to clock employees in and out of work was really a mechanism that affixed upon its users the “Mark of the Beast,” as described in the Biblical Revelations. Butcher, who…

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15 Feb 2016 Massachusetts and the Impending Death of Noncompetes Part II: De Facto Enforcement of Noncompetes

  Last week I wrote about Massachusetts legislation to ban noncompetes. As I wrote, from our position of representing businesses, we do not have an inherent preference for or against noncompetes because there are business interests on either side of the issues (as the Massachusetts debate illustrates). Rather, our job is to guide clients through the changing and varied rules across the states about noncompetes.  However, I do feel that opponents of noncompetes often make statements about the prevalence of noncompetes, the decline of noncompetes,…

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10 Feb 2016 UNPAID INTERNS –DOES THE Second CIRCUIT’S AMENDED OPINION IN FOX SEARCHLIGHT HELP OR HURT EMPLOYERS?

  Hearst Corporation, publisher of such magazines as Cosmopolitan, ELLE and Harper’s BAZAAR, has filed a motion for summary judgment against the claims of former unpaid interns seeking unpaid minimum wages and overtime based on a recent Second Circuit opinion in the Glatt v. Fox Searchlight Pictures, Inc., case. As we have covered in a number of prior blog posts (2013 and 2014), there have been a variety of class action claims filed by unpaid interns in the movie and publishing industries where thousands of individuals…

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08 Feb 2016 Groundhog Day: Declaring the Impending Death of Massachusetts Noncompetes

  For the last three years, we have reported on legislative efforts to ban noncompetes in Massachusetts. You can see each of those reports here. Thus far none of those efforts have been successful. Here again in 2016, legislative efforts to ban noncompetes promise to continue in Massachusetts, with one commentator declaring, “This is the year.”   Our job as business lawyers is to advise clients on how widely varying state laws affect their ability to use noncompetes, then they can make their business decisions…

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01 Feb 2016 UGH!! Now They Want Wage Info on the EEO-1?!?

  On Jan. 29, the White House announced that the Equal Employment Opportunity Commission (EEOC) will issue proposed regulations to modify the Employer Information Report, known as the EEO-1, to include collecting pay data from employers with more than 100 employees. The EEOC says it needs this pay data to “assist . . . in identifying possible pay discrimination and assist employers in promoting equal pay in their workplaces.”   Currently, the EEO-1 gathers information on employers’ workforces by race, ethnicity, sex, and job category….

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