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BT Currents - Hot Topics in Employment Law

08 Jun The Age Discrimination in Employment Act Turns 50

  Put 50 candles on the cake. In 1967, the U.S. Congress passed the Age Discrimination in Employment Act (ADEA) with the stated purpose “to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; (and) to help employers and workers find ways of meeting problems arising from the impact of age on employment.”   Now 50 years later, as baby boomers are moving through the workforce and reaching retirement, the ADEA retains its relevance even…

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08 Jun Ohio Court Finds New Local Minimum Wage Law Unconstitutional on Technicality

  A Franklin County, Ohio, judge has invalidated a new Ohio law that prohibited municipalities from enacting pro-employee laws raising the local minimum wage and guaranteeing additional employee rights. The law was found to be unconstitutional, but only on procedural grounds.   Ohio Senate Bill 331 started as an animal welfare bill – it regulated the sale of dogs from pet stores, prohibited cockfighting and bearbaiting, and outlawed bestiality. However, during the lame duck legislative session in December 2016, the House Finance Committee added diverse…

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06 Jun Ohio State University Considers Cutting Benefits for Unmarried Same-Sex Partners

  On June 9, the Ohio State University Board of Trustees will consider whether to stop allowing employees’ unmarried same-sex partners to obtain health insurance and other benefits. If the board approves the change, then unmarried same-sex partners already enrolled in benefit plans would keep those benefits through 2018, but no new unmarried same-sex partners would be allowed to obtain benefits.   This decision is not entirely novel. Miami University made a similar change at the end of 2016, same-sex partners must be married to…

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05 Jun Are You Recording This Conversation?

  Most of us expect to engage our colleagues without concern that our workplace conversations are secretly recorded. However, today everyone has a smartphone that readily allows for spontaneous photographic, video, and audio recording.   Until recent times, attorneys generally advised clients that it was appropriate to insist that workplace conversation not be recorded. Employers took the position that a team culture did not support recording conversations; colleagues need to be able to speak freely with each other at work.   That argument just lost-out…

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05 Jun ‘Hey Boss, F*@& You!’ Profanity-Laced Facebook Tirade Not Enough to Get the Axe

  A recent case out of the Second Circuit Court of Appeals demonstrates yet again the perils of firing an employee based on a seemingly inexcusable Facebook tirade. The matter involved an employee for a catering company who was upset that his supervisor admonished him and others in a “raised, harsh tone” about “chitchatting” with co-workers as guests arrived at a catered event. In response, the employee used his cell phone to make a public post on Facebook that said: “Bob is such a NASTY…

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