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The Legal Stuff
BT Currents - Hot Topics in Employment Law

26 Jan Texas Supreme Court to Decide Whether Same-Sex Spouses Are Entitled to Benefits

  Traditionally, marriage is about romantic concepts like love and companionship. But it also has a practical component, such as employee benefits eligibility. Same-sex couples across the country won the right to marry as a result of the U.S. Supreme Court’s ruling in Obergefell v. Hodges in 2015. However, the practical benefits of same-sex marriage are under fire in Texas and the Texas Supreme Court could limit same-sex couples’ right to spousal benefits.   In 2013, same-sex marriages were not allowed in Texas, but the…

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26 Jan Drill Deeper Than “Fit” as Reason For Termination

  It is common for employers to tell us “he is just not a fit here.” My recent article in another publication discusses how, while it is certainly true that some employees are not a good fit in your organization, it is almost always advisable to break down and articulate the more specific pieces that make up “fit” for liability prevention purposes. Read more here.

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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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