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BT Currents - Hot Topics in Employment Law
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18 May 2016 Applications Are Welcome; Drugs Are Not

Employment Lessons | Jeanine Gozdecki

It’s an oft-heard refrain from many of our clients: “We need good employees.” Not just any employees, but employees who know how to show up for work – consistently and on time. Employees who do good work. And, by the way, who also can pass a drug test.   Maybe it’s the lag effects of legalizing marijuana, or the crippling epidemic of opioids invading our workforce. Regardless, communities and business are seeking (with mixed success) drug-free employees. These challenges are outlined, in small part, in an…

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18 May 2016 UPDATED: DOL Unveils New Overtime Regulations

Fair Labor Standards Act | Kathleen Anderson

The Department of Labor (DOL) released its anticipated updated white collar exemption rule on May 18.  The new rule will take effect on Dec. 1, 2016, giving employers more time than anticipated to plan for necessary changes.   Vice President Joe Biden is expected to make the formal announcement in Columbus, Ohio, at the beloved Jeni’s Splendid Ice Cream headquarters at 2:30 pm EDT.   According to the White House, “the new rule is expected to extend overtime protections to 4.2 million more Americans who…

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17 May 2016 Department of Labor to Issue Finalized White Collar Exemption Rule on Wednesday, May 18

Fair Labor Standards Act | Kathleen Anderson

Amid rampant predictions, late on Tuesday, May 17, the White House has announced that the Department of Labor’s (DOL) highly anticipated new white collar exemption rule will be unveiled on Wednesday, May 18.  The new rule will take effect on Dec. 1, 2016, giving employers more time than anticipated to plan for necessary changes.   According to the White House, “the new rule is expected to extend overtime protections to 4.2 million more Americans who are not currently eligible under federal law, and it is…

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16 May 2016 Ohio Pregnancy Accommodation Bill Much More “Accommodating” to Employees Than ADA

Pregnancy | Doug Oldham

A bill named the Pregnancy Reasonable Accommodation Act was recently introduced in the Ohio Senate (S.B. 301). Although the bill is only in its infancy, it has bipartisan support in the Senate and could quickly be ratified. If the bill becomes law, it could dramatically increase the rights of pregnant employees and place additional unwanted burdens on employers.   The bill would require employers to grant pregnant employees a reasonable accommodation, which could include:   modifying equipment, seating or uniforms providing assistance with manual labor…

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14 May 2016 Employer’s Delay Results in Waiver of Arbitration

Employment Lessons | BT Currents

In sports, a team could be penalized if there is a delay in game. In law, a company could lose its right to compel arbitration if it delays in exercising its arbitration rights. This is exactly what happened in a recent 8th Circuit Court of Appeals decision, Messina v. North Central Distributing, Inc. d/b/a Yosemite Home Decor.   In Messina, the former vice president, Richard Messina, signed a two-year employment agreement with North Central Distributing, Inc., d/b/a Yosemite Home Decor (Yosemite) as well as a…

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13 May 2016 A Smorgasbord of Termination Reasons That Might Be Used Against You

Employment Discrimination | Doug Haloftis

One of the most frequently asked questions in employment law counseling is “Can I terminate Employee X?” The better and more salient question is “For what reason(s) should I terminate Employee X?”   Not all reasons are created equal. There is a perception that the more reasons provided the greater the strength of the employer’s defense. And it’s true. Each discrete reason proffered by the employer must be rebutted. So, the more, the better? No, says the Fifth Circuit Court of Appeals in a recent…

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11 May 2016 How Confidential is Your Information?

Employment Lessons | BT Currents

As I recently sat in the airport waiting for my flight, I became fascinated by watching and listening to people on their phones.  What astonished me the most was how much “confidential” business information really was not confidential.   During a 30 minute wait, I sat near a gentleman who proudly wore his employer’s logo on his golf shirt and jacket. He also loudly explained, while on his phone, that this same company’s anticipated product now had at least a two-year waiting period for FDA…

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10 May 2016 55-Year-Old Employee Fails to Establish Age Discrimination Claim against 3D Printing Company

Employment Discrimination | BT Currents

Last week, a Minnesota Federal District Court granted summary judgment in favor of a New Mexico company accused of age discrimination. Optomec, Inc., is a New Mexico-based corporation that develops and manufactures 3D printing systems. While Optomec is headquartered in Albuquerque, it has also has a facility in St. Paul, Minnesota.   In 2013, Thomas Nash, who was 53-years-old at the time, began working for Optomec as a paid intern in the company’s St. Paul location. During his internship, Nash received average to “tepid” reviews….

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09 May 2016 Survey Says: Smoke-Free Campuses a Minority, But Employers Addressing E-Cigarettes

Employee Health Issues | Bill Nolan

This month’s survey results from our friends at Employers’ Resource Association look at employer tobacco policies.  Here are some of the interesting results:   Only 28 percent of respondents have a smoke-free campus (Not included in the survey is how many companies won’t even hire smokers – undoubtedly a much smaller number) 86 percent prohibit smoking while driving a company-owned vehicle 70 percent address e-cigarettes in their policies and 61 percent prohibit smokeless tobacco   The complete infographic can be viewed here.

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06 May 2016 Transgender Bathroom Access Addressed in New EEOC Fact Sheet

Employment Discrimination | BT Currents

In the midst of news coming out of North Carolina, the Equal Employment Opportunity Commission (EEOC) has issued a new fact sheet that addresses bathroom access rights for transgender employees. The fact sheet’s key point is that transgender employees have the right to equal access to bathrooms that correspond to their gender identity. This right is provided by Title VII of the Civil Rights Act of 1964’s protection against sex discrimination—even if there is state law to the contrary.   Employers should note that, as…

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