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BT Currents - Hot Topics in Employment Law

20 Jan Teachers File Proposed Class Action Suit Claiming Grants Were Illegally Converted Into Loans

  On Jan. 6, two teachers, Ashley Ford and David West, filed a projected class action against the Pennsylvania Higher Education Assistance Agency, a Pennsylvania-based student loan servicer, which the teachers allege has been improperly converting federal teaching grants into loans for its own financial gain. Such fraudulent action is alleged to be in direct violation of the Racketeer Influenced and Corrupt Organizations Act.   Ford and West claim that the Pennsylvania Higher Education Assistance Agency, which is the only servicer of awards to teachers…

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18 Jan Writing Employee Policies to Address Different State and Local Laws: Three Strategies [VIDEO]

  We frequently report on the Currents blog about employment issues being addressed at the state and local levels, the two most recent examples being Ohio’s legislation on employees with concealed carry permits and efforts in Ohio to limit local minimum wage ordinances. This trend is likely to only grow with the expanding divisions in the country. This quick video discusses three different non-exclusive strategies for drafting policies to cover jurisdictions with different rules:   Have a single policy that complies with all laws (i.e. follow the strictest…

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13 Jan Are Employers Required to Predict Employee Behavior? Wrongful Death Suit Sparks Discussion

  On Jan. 10, the U.S. Court of Appeals for the Seventh Circuit heard oral arguments involving a wrongful death suit that had been dismissed by an Illinois federal judge. The plaintiff, mother of the deceased victim, sued Home Depot USA Inc. and one of its garden suppliers for failing to protect her daughter from a series of abusive behavior directed at her by her supervisor, Brian Cooper, who allegedly used his superior position to coerce the victim into accompanying him to his sister’s wedding…

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09 Jan OSHA Issues Enforcement Guidance on Controversial Non-Discrimination Provisions

  As we have noted in prior blog posts, the controversial non-discrimination provisions of OSHA’s electronic recordkeeping rules have been challenged in court. The U.S. District Court for the Northern District of Texas ultimately declined to issue an injunction preventing the implementation of the rule, but specifically noted “[t]hat the court has denied injunctive relief requested by Plaintiffs is not a comment or indication as to whether Defendants will ultimately prevail on the merits. This determination is left for another day.”   After the court’s…

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30 Dec The DOL’s Final Rule on Life Support?

  Earlier this year, the Department of Labor (DOL) issued its long-awaited final rule updating the salary level for workers who are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). The final rule, also commonly known as the overtime rule, was supposed to go into effect on Dec. 1, 2016.   As readers of this blog are aware, the update was met with fierce opposition from business groups and employers. In September, a group of 21 states and various business groups…

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