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BT Currents - Hot Topics in Employment Law

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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22 Jul North Carolina Governor Keeps ‘Bathroom Bill’ Mostly Intact, Pending Court Review

  As a follow-up to my previous post about transgender bathroom access in the workplace, earlier this week, on July 18, North Carolina Governor Pat McCrory signed into law a revised ‘bathroom bill’ that leaves intact the provisions that sparked national controversy by limiting protections for transgender people.   The bill was revised to restore workers’ ability to use state law, and not just federal law, to sue for employment discrimination. However, it leaves intact the provisions that require transgender people to use public bathrooms…

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