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BT Currents - Hot Topics in Employment Law

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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30 Dec 75,000 Reasons Why Employers Should Timely Comply With Form I-9 Requirements

  Just in time for the holidays is a nicely wrapped reminder from the U.S. Court of Appeals for the Second Circuit about how important it is for employers to timely complete I-9 forms on all employees, and properly retain I-9 records in the event of a government inspection.   Before getting into the case, and for the benefit of those of you who still are suffering from a bit too much “holiday cheer,” here is a brief primer to bring you back up to…

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27 Dec EEOC and Hospital Settle Flu Vaccine Religious Accommodation Lawsuit

  Six hospital employees who refused influenza vaccines will be offered re-employment and will receive payments totaling $300,000 to resolve the U.S. Equal Employment Opportunity Commission’s (EEOC) religious accommodation lawsuit against their former employer.   The EEOC and Saint Vincent Health Center in Pennsylvania entered into a consent decree, filed Dec. 23, that includes the hospital’s agreement to terms requiring careful consideration of requests for accommodations based on sincerely held religious beliefs, practices and observances with respect to mandatory influenza vaccination programs. As part of…

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