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BT Currents - Hot Topics in Employment Law

11 Jul More Flu Vaccine News – EEOC Alleges Hospital’s Mandatory Flu Vaccine Policy Violates Title VII

  As summer temperatures soar, one might think the last thing to worry about is the upcoming flu season. And while that may be true in most respects, the flu is on the minds of the Equal Employment Opportunity Commission (EEOC). A lawsuit filed by the EEOC sheds light on the issue for healthcare employers who impose mandatory flu vaccine requirements on employees as a condition of continued employment.   The EEOC alleges in EEOC v. Mission Hospital, Inc. – a lawsuit that includes class…

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08 Jul Court Provides Roadmap for Managing ‘Intolerable’ Behavior From Employee with Disabilities

  What is an employer to do when a long-standing employee with a known anxiety disorder engages in a public display of suicidal gestures and disruptive behavior? Don’t act in haste, but if careful consideration of the situation leads to a termination, the decision-making process may withstand scrutiny in court.   That’s the outcome in a recent ruling from the Seventh Circuit Court of Appeals in Felix v. Wisconsin Dept. of Transportation, which provides a thorough and detailed analysis of a challenging situation involving an employee…

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06 Jul Survey Says: 73% of Employees Taking FMLA Are Non-Exempt, and Other Tidbits

  The latest survey from our friends at Employers Resource Association of its members focuses on employers’ practices and employees’ usage. Here are some of the findings:   Employers have several options for how they count the applicable 12 month period. Not surprisingly, the great majority (63 percent) of employers use the rolling 12-month period. 9 percent of respondents’ employees have used Family and Medical Leave Act (FMLA) leave during the last year. This includes substantial numbers of employees taking intermittent leave and substantial numbers taking longer term…

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05 Jul NLRB Hits Ceiling in Continual Push to Expand Scope of Protected Concerted Activity

  Whether the National Labor Relations Board (NLRB) is issuing rulings invalidating employee handbook policies that encourage civil behavior among employees or attempting to get discharged employees reinstated after profanity-laced Facebook rants against their supervisors, the board seems determined to push the limits of what can be considered “protected concerted activity” under the National Labor Relations Act (NLRA). Regardless of whether an employer is a union shop or not, under the NLRA employers may not take adverse action if the employee’s conduct qualifies as protected…

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27 Jun What Ohio Employers Need to Know About Medical Marijuana

  Earlier this month, Ohio Gov. John Kasich signed House Bill 523 into law, making Ohio the 25th state to legalize medical marijuana.  Those with HIV/AIDS, Alzheimer’s, cancer, epilepsy, glaucoma, or one of several other medical conditions may qualify for medical marijuana with their doctor’s recommendation.  Many employers may be concerned that come September when the law goes into effect, employees will start coming into work under the influence, affecting both safety and productivity in the process.  They likely don’t need to worry, though –…

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