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BT Currents - Hot Topics in Employment Law
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04 Apr 2017 Your Questions About Ohio’s New Gun Law Answered

  This post was authored by Bill Nolan and Doug Oldham.   Ohio’s new gun law grants concealed carry licensees the right to carry concealed firearms in more places, such as vehicles, causing many business owners and employers to question how this law will affect guns at their businesses. The law went into effect on March 21. This post answers some business owners’ common questions and concerns.   Question: Does “a person’s privately owned vehicle” include …   A vehicle that is owned by the…

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04 Apr 2017 Putting the Matter to Rest: California Court Rules Commission-Pay Employees Must Be Compensated Separately for Rest Breaks

  Delivering a stiff blow to a California retail furniture company employing commission-pay employees, the California Court of Appeals for the Second Circuit recently ruled that employees paid on a commission or piece-rate basis must be paid separately for their rest breaks. The decision in Vaquero v. Stoneledge Furniture, LLC, followed the filing of a class action suit by two commission-based sales associates at Stoneledge Furniture LLC, a retail furniture company doing business in California as Ashley Furniture HomeStores.   The plaintiffs, Vaquero and Schaefer,…

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03 Apr 2017 Noncompetes Q&A: A Look at Ohio

    We write a lot on the Currents blog about noncompete agreements. The topic presents a wealth of material because of the critical differences between state laws and the importance of employers to be aware of developments even in states where they don’t do business, and the fact that typically several times a year there is a development in some state’s law, with Nevada and Pennsylvania being two examples in recent years where a state supreme court decision has attracted attention.   Yet I find that…

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03 Apr 2017 Employer’s ‘Stirring Up’ Testimony Allows Plaintiff to Pursue Section 504 and ADA Claims

  A case out of the U.S. District Court for the Western District of Tennessee provides a useful reminder that employers must exercise caution when responding to reports of potential protected activities. The case, Hicks v. Benton County Board of Education, involved a special education aide who spoke to special education parents about services their students failed to receive. Upon learning this information, the principal instructed the plaintiff to cease talking directly to parents concerning what was going on in the program and to instead…

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31 Mar 2017 Paid Leave American-Style: “I Get Mine, But You Can’t Have Yours!”

  Employers are all too familiar with the FMLA, but paid leave seems to be generating a lot of political buzz these days. A new Pew Research Center Survey reveals that a paid leave law might be a popular measure. However, the same survey also reveals that most Americans are cynical when it comes to the use of such leave.   The Pew study found that, of those surveyed, about 75 percent of Republicans and about 90 percent of Democrats support some kind of federal…

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30 Mar 2017 Federal Contractor “Blacklisting” Rules Repealed

  As we previously covered, most of the Fair Pay and Safe Workplace Executive Orders and related regulations were halted by an injunction in a Texas federal court in October of last year. However, with President Trump’s recent signature on the joint resolution of disapproval passed by both the House and the Senate pursuant to the Congressional Review Act (CRA) as well as his execution of a new executive order revoking President Obama’s prior executive orders, all of the executive orders and related regulations (referred…

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29 Mar 2017 Liability Waiver in Pre-Employment Disclosure Form is Unlawful, Says Ninth Circuit

  In Syed v. M-I, LLC, the U.S. Court of Appeals for the Ninth Circuit recently held that a prospective employer violated the disclosure requirements of the Fair Credit Reporting Act (FCRA) by including a liability waiver in a job applicant’s pre-employment form. The provision of the FCRA at issue – 15 U.S.C. § 1681b(b)(2)(A) – requires prospective employers to disclose “in a document that consists solely of that disclosure” that they may obtain a job applicant’s consumer report as part of the employment application…

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28 Mar 2017 Update on Trump’s Line-Up for DOL and Supreme Court

  Regulation-weary employers excitedly anticipated the new Trump Administration – and its promises that ranged from repealing the Affordable Care Act to appointing a friendly U.S. Supreme Court Justice to abolishing the fiduciary and overtime regulations. But, change often comes slowly in government, and employer expectations have been frustratingly delayed by some unexpected upsets on Capitol Hill. Apart from the last-minute decision to withdraw the GOP healthcare bill, here’s a quick update on two key Trump nominees.   Secretary of Labor   The ill-fated nomination…

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24 Mar 2017 Easy Come, Easy Go: Appeals Court Reverses $2.6 Million Award in ADA Case

    In a helpful case for employers, the Second Circuit Court of Appeals reversed a $2.6 million jury verdict in Stevens v. Rite-Aid Corporation (Case No. 15-277), holding that the employer could not reasonably accommodate a pharmacist’s fear of needles.   The case began in 2011, when Rite-Aid started requiring that all of its pharmacists be able to administer immunization injections to customers. But, the new job requirement presented a problem for Rite-Aid pharmacist Christopher Stevens; he suffers from the fear of needles, known…

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17 Mar 2017 Does Same-Sex Harassment Support Gender Discrimination Claims? Texas Supreme Court to Decide

  The Texas Supreme Court agreed to determine whether a school teacher’s allegations of a hostile work environment by her same-sex superiors can support a claim of gender discrimination in violation of the Texas Commission on Human Rights Act (TCHRA). The court will also decide whether the circumstantial evidence presented to prove the teacher’s retaliation claim is sufficient to support a violation of the TCHRA.   The teacher alleged that a fellow coach began to sexually harass by allegedly making comments about the teacher’s body…

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