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BT Currents - Hot Topics in Employment Law

22 May College Not Required to Alter Academic Program for Reasonable Accommodation

  After his requests for additional accommodations were denied, a student at the Lamar Institute of Technology (LIT) who had medical issues related to a brain injury withdrew from the institution and filed suit. After a recent loss in the U.S. Court of Appeals for the Fifth Circuit, the student has petitioned the U.S. Supreme Court for consideration.   The student suffered from an anoxic brain injury that caused him to have memory problems. Similar to the accommodation analysis in an employment setting, the college…

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19 May Current Administration Considers EEOC and Labor Department Subagency Merger

  The Trump administration is reportedly considering a potential merger between the Equal Employment Opportunity Commission (EEOC) and a Labor Department subagency that enforces nondiscrimination requirements and affirmative action on government contractors.   The recommendation to merge the two entities originated from The Heritage Foundation, a Washington-based conservative research think tank. In its report, “Blueprint for Reform: A Comprehensive Policy Agenda for a New Administration in 2017,” The Heritage Foundation previously called for a complete phasing out of the Department of Labor’s Office of Federal…

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17 May Hiring Teenagers This Summer? Here are 3 Key Considerations

  School’s out for the summer. If you do business in recreation, restaurants, or retail, chances are you will be employing teen workers this season. So now is a good time to learn from a few real-world examples of legal issues involving teen workers.   The U.S. Equal Employment Opportunity Commission will not hesitate to come to the aid of young workers if it believes they have been subjected to sexual harassment. You can read the EEOC’s descriptions of several of its cases involving harassment…

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12 May Trump’s Actual Impact on OSHA

  In November, I attempted to look into the crystal ball to see what potential impact the new Trump administration could have on the Occupational Health and Safety Administration (OSHA). Here are some of results so far, which on the whole, are favorable to employers who suffered under the “regulation by shaming” mantra of past Assistant Secretary of Labor David Michaels.   Budget Cuts – As predicted, on May 5, President Trump signed a spending bill that cuts the labor department’s discretionary spending budget by…

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08 May House Passes Bill to Legalize Comp Time in the Private Sector

  Employers and employees may soon have more flexibility in how and when overtime gets paid. Last week the U.S. House of Representatives passed the Working Families Flexibility Act (WFFA), a law that would amend the Fair Labor Standards Act (FLSA) by allowing employers to offer, and employees to accept, “comp time”­ instead of cash payment for hours worked over 40 in a workweek. “Comp time” is generally defined as paid time off that is earned instead of receiving cash payment for overtime. It is…

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