Follow Us
twittergoogle_pluslinkedinrssyoutube
Subscribe to the BT Currents Blog

By signing up, you agree to our Terms of Service and Privacy Policy.

Recent Posts
The Legal Stuff
BT Currents - Hot Topics in Employment Law
0 0

28 Mar 2018 Employment Posters and Policies – Is There A Duty To Translate?

When setting workplace expectations, proactive employers should recognize the varying levels of literacy and English fluency in today’s workforce, as well as the need for employment information to be accessible to individuals with disabilities. Plain English policies, which are clear to the average reader, are important.  But is there a duty to translate key employment documents or information?   Under federal law, there are at least three instances in which an employer may be required to provide notices in a language other than English:  …

READ MORE
0 0

27 Mar 2018 Will You Agree to an Inclusion Rider?

  During the March 4 Academy Awards, actor Frances McDormand introduced a national audience to the diversity-focused contract provision known as an “inclusion rider.” It requires producers to set inclusion goals for on-screen and off-screen talent from under-represented groups. Such goals are intended to “reflect the world in which we actually live.” In a given production, such a rider might establish a goal that the cast be 50% female, 40% under-represented ethnic groups, 20% people with disabilities and 5% LGBT.   Employers large and small…

READ MORE
0 0

23 Mar 2018 Medical Marijuana is Coming to Ohio– What Employers Need to Know

  In 2016, Ohio approved the legalization of medical marijuana, but the law does not go into effect until September 2018. Some Ohio business owners might be nervous at the prospect of employees soon having greater access to marijuana, but they needn’t worry, as the law was written in a pro-employer manner.   Nothing in Ohio’s medical marijuana law:   Requires employers to accommodate an employee’s use, possession, or distribution of marijuana in the workplace Prohibits employers from disciplining, terminating, refusing to hire, or otherwise…

READ MORE
0 1

20 Mar 2018 The Box & 1: Defense Strategy against Harassment

  Not even the upsets and unpredictability of one of college basketball fans’ favorite weekends would have revealed much of the old-school “Box & 1 Defense.” But, it may be time to resurrect the Box & 1 defensive strategy as an effective program against harassment.   The “Box-and-1” in basketball is a hybrid defense: four defenders represent the corners of a box as the core of the defense. Then, the “one” is the best defender doggedly guarding the opponent’s biggest scoring threat. Applying the Box-and-1…

READ MORE
0 0

12 Mar 2018 Sixth Circuit Holds Transgender Status Protected Under Title VII

  On March 7, the U.S. Court of Appeals for the Sixth Circuit weighed in on the continuing debate surrounding the scope of Title VII’s prohibition on sex discrimination. In a landmark decision, the court ruled that Title VII prohibits discrimination on the basis of transgender and transitioning status and further held that bare compliance with Title VII presents no substantial burden upon an employer’s sincerely held religious beliefs, precluding a defense under the Religious Freedom Restoration Act (“RFRA”).   In EEOC v. R.G. &…

READ MORE
0 0

05 Mar 2018 Which Side Will Justice Gorsuch Fall On Public Sector Union Fees?

  Last week, the U.S. Supreme Court heard the issue of whether public sector agency shop arrangements violate the First Amendment.   Hearing this issue for a second time, the court will decide whether to overturn a 1977 ruling that held that the service charges used to finance expenditures by the public sector union for collective bargaining, contract administration, and grievance adjustment purposes, are valid, even if the public employee is not a union member.   Just last year, the court examined this very issue in…

READ MORE
0 0

01 Mar 2018 Sex, Power & the Workplace: Protecting Women who Work

With the Oscars in the spotlight this weekend, the lens of the #MeToo movement is re-focusing on Hollywood and the entertainment industry.   But, the challenges of sexual harassment transcend industry and geography.  Even Oprah, in accepting her recent Golden Globes award, powerfully reminded us about victims beyond Hollywood:  those who “had children to feed and bills to pay and dreams to pursue.”   Fundamentally, it is about those who work, at all levels, and it is incumbent on employers, legally, ethically, practically, to maintain a work…

READ MORE
0 0

28 Feb 2018 U.S. Supreme Court to Take Up Independent Contractor Arbitration Case

  Our sister labor and employment blog, Labor Relations, recently posted about an important case on the horizon for those in the transportation industry. This week, the Supreme Court agreed to hear the appeal of New Prime, Inc., a transportation company that is asking the Court to overrule the First Circuit and find that an independent contractor’s class action claim should be compelled to arbitration.   Employers who rely on arbitration agreements with their employees and independent contractors will want to pay attention as the…

READ MORE
0 0

28 Feb 2018 Dodd-Frank Whistleblowers: Supreme Court Holds Internal Complaints are Not Enough

  Last week, the U.S. Supreme Court held in the Digital Realty Trust, Inc. v. Somers case  that the definition of a “whistleblower” under the Dodd-Frank Act (“Dodd-Frank”) does not cover internal complaints made only to the company.  The employee is required to file a formal complaint with the U.S. Securities and Exchange Commission (“SEC”) to qualify for the increased remedies and greater protections as compared to the Sarbanes-Oxley Act of 2002 (“Sarbanes-Oxley”).  The Court found no ambiguity in the express definition of a “whistleblower”…

READ MORE
0 0

27 Feb 2018 Another Court Reverses Course: Second Circuit Holds Title VII Forbids Sexual Orientation Discrimination

  The U.S. Court of Appeals for the Second Circuit issued an opinion on Monday of this week and explicitly held that Title VII prohibits discrimination on the basis of sexual orientation.   In the closely watched case, Zarda v. Altitude Express, Inc., a full panel of the Second Circuit revisited the question of sexual orientation coverage under Title VII.  In its decision, the Court cited the history and intent behind the passage of Title VII – namely, that it was intended to be a…

READ MORE