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BT Currents - Hot Topics in Employment Law

12 Aug Seventh Circuit Addresses EEOC’s Stance that Sexual Orientation is Protected by Title VII

  In a recent opinion, the Seventh Circuit held that a plaintiff who claimed she was discriminated against on the basis of her sexual orientation had failed to state a claim under Title VII, reaffirming the Seventh Circuit’s stance that sexual orientation is not a protected classification. However, Judge Rovner’s opinion presents a more nuanced opinion than the Court has taken on the issue in the past, acknowledging logical difficulties in the state of the law.   The plaintiff was a former community college employee…

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04 Aug Five Lessons from Fox News on Sexual Harassment

  The recent accusations of sexual harassment against Roger Ailes at Fox News, and the response of a high-profile candidate for public office about how women should respond to sexual harassment have crystallized into an opportunity to learn from the mistakes of others.   Since the mid-1980s, we’ve all read about sexual harassment and been trained on it. For the last 25 years, I’ve studied it, investigated it, seen it, taught about it, warned about it, developed policies to guard against it, and defended companies…

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03 Aug Massachusetts Mandates Pay Equity

  Earlier this week, Massachusetts Gov. Charlie Baker signed into law “An Act to Establish Pay Equity,” which will go into effect July 1, 2018, and mandates:   No employer shall discriminate in any way on the basis of gender in the payment of wages, or pay any person in its employ a salary or wage rate less than the rates paid to its employees of a different gender for comparable work; provided, however, that variations in wages shall not be prohibited if based upon:…

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25 Jul Nevada’s High Court Won’t Get Out Its Pencil To Save Overbroad Noncompete

  In the highly state-law specific world of noncompete agreements, it is always newsworthy when a state’s supreme court weighs in on one of the two key areas where state laws vary. Indeed, we typically only see one or two such decisions per year. Here, the Nevada Supreme Court has answered the question, what color pencil does it use when it finds a noncompete agreement is overly broad?   In Golden Road Motor Inn, Inc. v. Islam, the court found that a one-year, 150-mile noncompete imposed on…

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25 Jul First Minneapolis, Now St. Paul – Another Earned Sick and Safe Time Mandate

  As explained in an earlier blog, the Minneapolis City Council passed the controversial ordinance that will require employers with at least one employee working in the city of Minneapolis to provide paid sick time. Now, the St. Paul City Council is considering passing a similar measure.   In early August, the city council will receive the proposed ordinance from a city-led task force that was appointed in February 2016 to examine the possibility of extending Earned Sick and Safe Time (ESST) to all employees…

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