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The Legal Stuff
BT Currents - Hot Topics in Employment Law
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01 Mar 2017 EEOC Subpoena Rejected by Tenth Circuit

  In its opinion issued in EEOC v. TriCore Reference Labs, the U.S. Court of Appeals for the Tenth Circuit offered hope to employers within that Circuit facing overly broad information requests and/or subpoenas from the EEOC. Specifically, the Tenth Circuit upheld the denial of the EEOC’s effort to enforce such a subpoena, weighing in on the boundaries placed on the EEOC’s administrative subpoena powers.   By way of background: In this matter, as part of its investigation into a single charge of sex/pregnancy discrimination…

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27 Feb 2017 Federal Lawsuit Over Mass Layoffs Not on the Menu for California Restaurant Group

  A California restaurant chain recently got lucky and avoided a proposed class action filed by former workers who claimed the chain failed to provide proper notice before laying off approximately 3,000 employees.   The lawsuit alleged that the Catalina Restaurant Group’s April 2015 restructuring – the chain was sold, restaurants were closed and layoffs occurred at corporate headquarters – left about 3,000 employees out of a job without prior warning. Additionally, the suit claimed that those affected were offered no severance pay and were…

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21 Feb 2017 A Charge-d Atmosphere: A Few Pointers When a Current Employee Files a Charge

  Most employers have had to respond to a discrimination charge filed with the U.S. Equal Employment Opportunity Commission (EEOC) and/or a corresponding state agency. A large percentage of such charges are brought by terminated employees, claiming that a termination was discriminatory. When that happens, employers gather documentation, provide requested information and prepare a position statement. A significant amount of the time, the charge is dismissed and the employer prevails.   But some charges are brought by current employees, alleging discrimination in the form of:…

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20 Feb 2017 Man’s Best Friend in School – What’s Next For Administrative Remedies?

  Do individuals have to exhaust administrative remedies outlined under the federal Individuals with Disabilities Education Act (IDEA) prior to bringing suit for damages in federal court? That is the question asked of the U.S. Supreme Court in Fry v. Napoleon Community Schools during oral arguments at the end of October. The Supreme Court is expected to rule this summer.   The case arose when a student with cerebral palsy wished to use a service dog, which helped her live independently, at school. Initially, the…

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17 Feb 2017 New Nominee, New Path to Confirmation – Acosta Draws Initial Support From Management and Labor

  In sharp contrast to his predecessor, new Labor Secretary nominee Alexander Acosta has received initial support from both management and labor. Management views Acosta’s private sector experience combined with his political views as reason to believe that he will adopt a more management-friendly stance. Labor is looking to Acosta’s past government service as a sign that he will enforce labor laws. In a statement yesterday, Acosta said, “I thank the president and his staff for their confidence in me and I am eager to…

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17 Feb 2017 Trump Promises to Re-tool Travel Ban After Last Week’s Hit from Ninth Circuit

  During an unprecedented, unscheduled press conference Thursday afternoon, President Donald Trump promised a new and improved travel ban in the name of national security. Last week, the president’s travel ban suffered a major setback from the U.S. Court of Appeals for the Ninth Circuit. Its decision in State of Washington v. Trump, upheld the arguments made by the states of Washington and Minnesota—which challenged the president’s executive order, in part, because the order negatively affected their state universities’ employees and students.   President Trump’s…

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16 Feb 2017 Trump Announces Alexander Acosta as Labor Secretary Nominee After Andrew Puzder Withdraws

  At a press conference, President Trump announced Alexander Acosta as the new nominee for labor secretary. Acosta is currently the dean of the Florida International School of Law and previously served as a member of the National Labor Relations Board and later assistant attorney general for the Civil Rights Division through appointments by President George W. Bush. If confirmed, he will be the first Hispanic member of Trump’s cabinet.   Yesterday, just one day prior to his Senate confirmation hearing, Andrew Puzder withdrew as…

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15 Feb 2017 Trump-Appointed EEOC Acting Chair Says Continuity in the Near Term

For the first time since her appointment by President Trump as acting chair of the EEOC, Victoria Lipnic last week provided a glimpse into the commission’s future. Her central message is not to expect to see any major changes in the near future. Acting Chair Lipnic occupies only one of a total of five commission seats at the EEOC. However, there are only four sitting commissioners, as one of the seats is currently vacant. Potential major policy shifts likely will have to wait for other…

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13 Feb 2017 Blog Update: North Carolina Business that Fired Pregnant Employee Agrees to Three-Year Consent Decree with EEOC

  If there’s anything worse than government regulation, perhaps it’s the government breathing down your neck for the next three years. That is what a North Carolina furniture company is facing after it was sued for pregnancy discrimination last summer by the EEOC.   You might remember our blog post last summer about the EEOC’s lawsuit against RTG Furniture Corp. of Georgia d/b/a Rooms to Go (RTG) that fired a pregnant employee who was working with potentially dangerous chemicals. The EEOC had accused RTG of…

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13 Feb 2017 Hotel California Checks Out of State Forum Selection Clauses You can file your lawsuit any time you like, but you can never leave . . .

  Multistate employers know that the state of California is hostile to restrictive covenants and generally regard non-compete agreements as unenforceable. Over time, some multistate employers have developed a two-step process (one of which has been scrapped by a newly adopted law) to protect their interests in California and sidestep the state’s roadblocks:   Require employees to sign confidentiality or non-disclosure agreements so that even if unfaithful employees subsequently leave to work for a competitor, the employer still has some recourse to limit the damage…

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