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BT Currents - Hot Topics in Employment Law

01 Jun Six Statements That May Mean Your Business Will Keep an Employment Lawyer Busy

  I recently posted elsewhere six things I hear employers say that, while understandable in some cases, may actually cost the employer money in legal fees (and, with some of them, judgments or settlements). Here are the statements and more info on why they are problematic:   “Noncompetes aren’t really enforceable. I’ll just hire him.” “I’ll just get a document off the internet.” “I’ll write it myself, then my lawyer can review it.” “Other employees are tired of having to cover for him being sick.”…

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31 May Four Potential Developments for Ohio Employers in the Workers’ Compensation Budget Bill

  The Ohio House recently passed House Bill 27, which contains the Bureau of Workers’ Compensation (BWC) two-year budget. While the budget bill now goes to the Senate, the following aspects of the bill are promising for Ohio employers:   Statute of Limitations Change   An injured worker currently needs to file a workers’ compensation claim within two years of the injury date or forever be barred from pursuing said course. However, House Bill 27 requires filing within one year of the date of injury….

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30 May Another Review of the EEOC’s Subpoena for ‘Pedigree Information’

  In a prolonged battle over the issue of whether an employer must respond to the U.S. Equal Employment Opportunity Commission’s (EEOC) subpoena for “pedigree information” in connection with its investigation of a sex discrimination charge, the U.S. Court of Appeals for the Ninth Circuit ordered the District Court in Arizona to review the matter again.   In 2013, former employee Damiana Ocho filed a charge of discrimination against McLane Company, alleging that the company discriminated on the basis of sex when it fired her…

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26 May Second Circuit Takes Second Look at Sexual Orientation Discrimination Under Title VII

  The issue of whether Title VII prohibits discrimination on the basis of sexual orientation is in the hot seat once again, this time being considered by the U.S. Court of Appeals for the Second Circuit as part of an en banc rehearing granted in Zarda v. Altitude Express, Inc. d/b/a Skydive Long Island. The grant of the rehearing, to include all active judges and those senior judges involved in the original appeal, comes after the U.S. District Court for the Eastern District of New…

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25 May Need to Check an Employee’s Criminal Background? Tread Carefully

  Federal laws do not prohibit employers from asking about a job applicant’s criminal history. But equal employment opportunity (EEO) and federal laws prevent employers from discriminating against job applicants on the basis of this information. The Equal Employment Opportunity Commission (EEOC) has guidelines that establish the following rules:   Title VII of the Civil Rights Act prohibits employers from treating people with similar criminal records differently because of their race, national origin, color, sex or religion Title VII also prohibits employers from using policies…

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