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BT Currents - Hot Topics in Employment Law

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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05 Jun Court Invites EEOC’s Opinion on Whether Title VII Prohibits Sexual Orientation Discrimination

  We recently updated you on the Zarda v. Altitude Express, Inc., case before the U.S. Court of Appeals for the Second Circuit. The Second Circuit granted en banc review of the plaintiff’s claim to consider whether Title VII prohibits discrimination on the basis of sexual orientation. Now the court has taken an additional step of inviting the Equal Employment Opportunity Commission (EEOC) to give its two cents.   The EEOC is already on record in other courts arguing that Title VII covers sexual orientation…

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02 Jun Trump-Era Immigration Worksite Raid Threats May Bring New Requirements for California Employers

  Amidst fears of increased workplace immigration raids during Trump’s presidency, California’s legislature recently introduced a bill that, if passed, would ban employers from providing workplace access to immigration and U.S. Immigration and Customs Enforcement (ICE) officials without a warrant. This bill could have enormous affects for California, where more than 2.6 million undocumented workers reside. Notably, almost one in every 10 California workers is undocumented, and undocumented workers make up almost half of California’s agricultural workforce.   The measure, AB 450, called the Immigrant…

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