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BT Currents - Hot Topics in Employment Law

03 Feb Lessons Learned: FMLA-Protected Employees can be Disciplined in the Event of Misconduct

  Absent a contractual obligation to the contrary, common sense dictates that if an employee lies about the reason for an absence, an employer can terminate the employee for the lie. But, what if an employer (perhaps mistakenly) believes the reason for the absence was a lie, when in fact the reason for the absence (allegedly) is for an FMLA-protected reason? According to the U.S. Court of Appeals for the Third Circuit in Frederick Capps v. Mondelez Global LLC, that’s ok, too, so long as…

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31 Jan The Three Seats of Noncompetes: Mistakes We See When Employees Move

  We often write on Currents about developments in the area of noncompete law, primarily case law and statutory developments across the country in this highly state-specific area. This year will likely be no different – among other things, the seemingly annual ritual of Massachusetts noncompete legislation has begun anew. While the rules shift and evolve, when employers and employees find themselves in disputes over noncompetes, there are recurring themes or factors that might have been avoided.   This article I wrote reviews these factors, broken down…

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31 Jan EEOC’s Latest Guidance On Mental Health Accommodations Adds Little

  Employee mental health conditions often present some of the more challenging disability accommodation situations.  While no less real and potentially debilitating, we can’t see them, and some of them may be less predictable.  (Include fibromyalgia as another disability in this category.)  Mental health issues may also be stigmatized in ways that other health issues are not, presenting challenges in managing the conduct of employees other than the employee seeking accommodation.  Thus, even the most well-meaning and enlightened supervisors and colleagues may confront challenging scheduling…

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30 Jan Trump Administration Quick Hitters: Acting EEOC Chair Named, Chief of Staff Requests Regulation Freeze, and DOJ Requests Delay in Fifth Circuit Appeal of OT Rule

  It’s only been a week, but the Trump administration has already been busy making its presence felt in the world of labor and employment.   New EEOC Acting Chief   On Wednesday, President Trump appointed current EEOC Commissioner Victoria Lipnic, a Republican, as the Acting Chair of the Commission.  Originally appointed to the Commission by former President Barack Obama in 2010, her term is set to expire in 2020. Lipnic had previously served in a high-level position in the Department of Labor during the…

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30 Jan Survey Says: About Half of Employers Offering Paid Sick Leave

  From time to time we share the interesting surveys our friends at Employers Resource Association take from their employer members on timely topics. This one is pretty straightforward:   53 percent of the employers surveyed offer paid sick leave, or PTO, that can be used for sick leave Generally this is for full-time employees only 30 hours is a very common cutoff to determine who is full time Most companies providing paid leave offer at least some at time of hire   Paid sick or…

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