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BT Currents - Hot Topics in Employment Law

07 Jul Firing an Employee? Avoid Litigation by Carefully Reviewing the Issues

Many times before proceeding with a termination, an employer will call on its counsel and explain the rationale for the decision to avoid potential legal issues if it should follow through on firing an employee. As labor and employment attorneys, this is what we would call “best practices”: Having a third-party neutral review the decision for the termination, play devil’s advocate, and determine if there may be some other reason for the decision that could lead to a claim of discrimination or retaliation.   Other…

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06 Jul A Welcome Move for Employers – Department of Labor Re-Establishes Wage and Hour Opinion Letters

  Last week, Alexander Acosta, U.S. Secretary of Labor, announced that the U.S. Department of Labor will reinstate the issuance of opinion letters. This move will allow the Department of Labor’s Wage and Hour Division to once again use opinion letters as a way to provide direction to covered employers and employees.   According to the Department of Labor’s news release, “[a]n opinion letter is an official, written opinion by the Wage and Hour Division of how a particular law applies in specific circumstances presented…

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05 Jul Did a Lower Court Throw Schools an IEP Life Raft?

  In the wake of the recent U.S. Supreme Court ruling in Endrew F. v. Douglas County School District, school districts are tasked with developing substantively appropriate Individualized Education Plans (IEPs) that will stand up to the court’s heightened scrutiny.  The only clear guidance provided from the court regarding how to meet this heightened standard is that an IEP must allow a child to make progress that is appropriate in light of his or her unique circumstances.   However, a recent decision from the U….

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30 Jun ‘Bona Fide Relationships’ Under Trump’s New Travel Ban: Who’s In and Who’s Out?

  The U.S. Supreme Court made headlines on June 26 when it partially mandated aspects of Trump’s notorious “travel ban” barring immigrants from select countries from entering the United States. In a lengthy opinion, the court provided that people seeking visas from six restricted countries – namely Iran, Libya, Somalia, Sudan, Syria and Yemen – would be temporarily barred from entering the United States unless they can claim a “bona fide relationship” with a person or entity in the United States. This uncertain description of…

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29 Jun Ohio Legislature Considers Adding Teeth to New Gun Law

  On March 21, Ohio’s new gun law went into effect without a way to enforce it. The new law prevents employers from making or enforcing any policy that prohibits employees with concealed carry permits from storing firearms and ammunition in their locked cars on employer property. While this law spelled out employees’ right to lock guns in their cars, it contained no enforcement mechanism and no clear penalty on employers who obstruct employees from exercising their right.   Now the Ohio Senate is considering…

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