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BT Currents - Hot Topics in Employment Law

27 Jun Will There Be An Epic Backlash?

By now, most have heard about the U.S. Supreme Court’s May 21, 2018 opinion in Epic Systems Corporation v. Lewis. Epic actually decided a trio of consolidated cases before the high court and held, as a matter of law, that class action waivers within arbitration agreements are enforceable, that is, arbitration agreements between an employee and employer may prohibit the employee from participating in most claims against the employer other than through one-on-one arbitration.   Workers’ advocates are echoing Justice Ruth Bader Ginsburg’s stinging dissent,…

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26 Jun D is for Drugs: Employee Drug Use and What You Should Know

For those left wondering what is really going on in the complicated world of employee drug use (illegal, legal, and “semi-legal”), I thought I would spend this episode of Letter of the Law highlighting a few issues employers face when they know of or suspect drug use by their employees. 1. Drug Testing – Whether and when employers can require drug testing is a loaded question.  Private employers long understood that they were often within their rights to conduct testing for new hires, based on…

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18 Jun What will really move the needle in improving harassment prevention?

I just published an article in the Ohio State Bar Association Labor & Employment news examining which of the hot topics of discussion in the wake of #MeToo are likely to actually decrease workplace harassment.  The question is not whether it is a good idea to improve harassment prevention – even most employers that have done an excellent job complying with their legal requirements and promptly addressing complaints believe there is unreported harassment out there and they want to  find it.   The question is…

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14 Jun Supreme Court Says No To Repeat Class Actions After Statute Of Limitations

On June 11, the U.S. Supreme Court unanimously held that filing a class action lawsuit does not toll the statute of limitations for the class to file the same claims again in the future. This means that if the class files claims but is denied class certification, it cannot return to court and file the same claims again if the limitations period expired during the course of the previous litigation.   In China Agritech, Inc. v. Resh, a class of stockholders timely filed a lawsuit…

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06 Jun Sixth Circuit Looks to Seventh and Ninth Circuits in Reviving Firefighters Title VII Suit against Union

On June 1, the U.S. Court of Appeals for the Sixth Circuit joined the Seventh and Ninth Circuits in holding that the standards governing a duty of fair representation claim (i.e., a duty held by unions to represent all employees in good faith, and without discrimination) do not govern Title VII discrimination claims against a union.    In Peeples v. City of Detroit, a group of Detroit firefighters brought suit against their union alleging disparate-treatment race and national origin discrimination in violation of Title VII. …

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