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The Legal Stuff
BT Currents - Hot Topics in Employment Law

11 Sep Employment Authorization Issues Related to DACA Rescission

  Alert Overview: On Sept. 5, the U.S. Department of Homeland Security began an “orderly wind down” of Deferred Action for Childhood Arrivals (DACA). DACA, and a related program, Deferred Action for Parents of Americans (DAPA), were created by executive order of President Barack Obama in 2012. As the result of a lawsuit brought by several states against the DAPA program, DAPA was rescinded after courts determined that legal and constitutional problems existed with the program.   In June 2017, several states informed the U.S. Attorney…

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31 Aug Lessons Learned: As Flu Shot Season Approaches, Inflexible Rules Can Cause Accommodation Headaches

  It’s the end of summer. Our children are returning to school, the evenings are turning a bit cool and hospitals are educating their workforces on mandatory flu vaccination programs.   Each year at about this time, we look to recent court decisions for guidance on how best to balance a hospital’s interest in protecting its patients (among other things) with a healthcare worker’s sincerely held religious belief that conflicts with the hospital’s requirement that its employees  get the flu vaccine.   Last summer, I…

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30 Aug OMB Immediately Stays Revised EEO-1 Form, Including Pay Data Collection

  In a move that affects every U.S. business with 100 or more employees (and federal contractors with 50 or more employees), the federal Office of Management and Budget (OMB) has leveraged the Paperwork Reduction Act (PRA) to direct the EEOC to immediately stay the effectiveness of the EEO-1 form issued Sept. 29, 2016, that included new data requests for wages and hours worked.   For fiscal year 2017, businesses will use the previously approved EEO-1 form to comply with reporting obligations that track race/ethnicity…

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29 Aug Illinois Governor Vetoes Employment Bills Aimed at Salary History Inquiries, Wage Issues

  Legislation in Illinois that would have outlawed employers from seeking job applicants’ compensation history has failed to become law, following Gov. Bruce Rauner’s recent veto.   The bill would have amended the Illinois Equal Pay Act and was aimed at the practice of seeking job applicants’ compensation history during the hiring process, which equal pay advocates contended has the effect of perpetuating the salary differences between male and female employees that may have been the result of past discriminatory practices. The proposed changes to…

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25 Aug Get a Room! Rethink Conducting Employee Reviews Over Lunch

  The other day while visiting my dentist, the oral hygienist told me about her prior job, where her supervisor took her out to lunch to discuss her performance review – and frequently did the same with other employees. She thought this was great, especially since the supervisor had a penchant for really good, high-priced seafood.   While that all sounds tasty, one has to question how effective a performance review can be when attempting to crack open crab legs. This brings me back to…

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