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The Legal Stuff
BT Currents - Hot Topics in Employment Law

17 Oct Job Descriptions: Define the Target to Minimize Liability

  Job descriptions can be critical to helping employers avoid liability. Here are a few of my key points from this recent article published by Successful Business News:   Job descriptions define the target for a number of legal purposes – setting forth duties to determine exempt (or not) status under wage/hour laws, accommodation analyses under disability discrimination laws (as Currents blogger Hans Murphy wrote about here), and really any employment dispute that might involve whether the employee was adequately performing duties communicated to her/him (i.e….

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12 Oct No Matter Who Becomes President, Expect More Change in National Labor and Employment Policy

No matter who occupies the White House in January, the theme of national labor and employment policy is likely to be change.   President Obama has illustrated the powerful influence of the executive on labor and employment policy without the input of Congress. The Obama Administration has raised the minimum wage to $10.10 and granted paid sick leave to approximately 1.5 million employees working under federal contracts. Under President Obama, the DOL changed the salary threshold for finding an employee exempt, the EEOC demanded detailed…

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07 Oct Sexual Harassment Retaliation Claim Nets Million-Dollar Verdict

  A Chicago-area hospital was hit with a seven-figure jury verdict this week in a whistleblower claim filed by an emergency room doctor, who complained the hospital fired him after he repeatedly warned that one of his E.R. colleagues was sexually harassing subordinates.   The plaintiff – the doctor who is now practicing elsewhere – filed a retaliatory discharge complaint against the hospital, alleging it was common practice for doctors to warn new resident physicians about his colleague—whom he reportedly called a “sexual predator.” He…

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07 Oct Employer Strategies for Surviving Election Season

  Once again, the “silly season” is upon us. Every four years, battle lines are drawn and many employees take sides, touting their preferred candidate’s merits over what they regard as the utterly despicable nature of the other candidate. Fortunately for employers (and everyone else who values their sanity) this should be over in about a month. I hesitate only because I lived in Florida during the 2000 election, and if you think things are contentious now – pray the current election cycle doesn’t go…

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30 Sep Should Appeals Courts Give Deference to Lower Courts in EEOC in Subpoena Enforcement Actions? U.S. Supreme Court Agrees to Take on the Issue

  As the U.S. Supreme Court prepares to open its fall term, the Court has agreed to consider the appropriate standard for court review of U.S. Equal Employment Opportunity Commission (EEOC) subpoenas that the agency issues during its investigations of discrimination charges.   In EEOC v. McLane Co., Inc., the issue is whether the Ninth Circuit Court of Appeals should have given deference to a lower court’s decisions regarding enforcement of an EEOC investigatory subpoena or whether appellate courts should take a completely new look…

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