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BT Currents - Hot Topics in Employment Law

08 Mar Transgender Bathroom Case Sent Back to Lower Courts by Supreme Court

  On March 6, 2017, the Supreme Court canceled scheduled arguments in a case involving the bathroom rights of transgender students in public schools. The Court sent the case back to the 4th Circuit to reconsider the issue in light of the Department of Justice and Department of Education rescinding Obama-era guidance clarifying protections for transgender students.   The case, Gloucestor County School Board v. G.G., involved a transgender high school student seeking to use the boys’ restrooms at his high school. The plaintiff –…

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03 Mar By the Numbers: Women in the Workforce

  In honor of Women’s History Month, the U.S. Department of Labor posted some thought-provoking statistics about working women.  While employers already know women play an important role in the U.S. job market, these figures demonstrate just how significant female workers are in our economy.  Below are some of the fascinating numbers about working women:   Nearly half of the U.S. workforce is comprised of women, with more than 74.6 million women employed in civilian jobs Almost 10 million women are business owners and account…

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01 Mar Call-In Procedures and Intermittent FMLA

  Intermittent FMLA leave and attendance issues: an employer’s nightmare. There are so many different rules that employers must follow, inquiries that can and cannot be made, and potentials for employee abuse.   Imagine this scenario: An employee is approved for intermittent FMLA leave to care for a sick child. The employer informs the employee about its process for administering this leave, which includes calling both the organization’s attendance line at least 30 minutes prior to missing work. Despite being informed of this process, the…

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01 Mar EEOC Subpoena Rejected by Tenth Circuit

  In its opinion issued in EEOC v. TriCore Reference Labs, the U.S. Court of Appeals for the Tenth Circuit offered hope to employers within that Circuit facing overly broad information requests and/or subpoenas from the EEOC. Specifically, the Tenth Circuit upheld the denial of the EEOC’s effort to enforce such a subpoena, weighing in on the boundaries placed on the EEOC’s administrative subpoena powers.   By way of background: In this matter, as part of its investigation into a single charge of sex/pregnancy discrimination…

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27 Feb Federal Lawsuit Over Mass Layoffs Not on the Menu for California Restaurant Group

  A California restaurant chain recently got lucky and avoided a proposed class action filed by former workers who claimed the chain failed to provide proper notice before laying off approximately 3,000 employees.   The lawsuit alleged that the Catalina Restaurant Group’s April 2015 restructuring – the chain was sold, restaurants were closed and layoffs occurred at corporate headquarters – left about 3,000 employees out of a job without prior warning. Additionally, the suit claimed that those affected were offered no severance pay and were…

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