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BT Currents - Hot Topics in Employment Law

02 May California Supreme Court Ruling to Give More Workers Employee Status

On Monday, the California Supreme Court issued an opinion in Dynamex Operations West Inc. v. The Superior Court of Los Angeles County, which reversed nearly three decades of precedent by rejecting the longstanding Borello worker classification test. The opinion effectively expands the number of workers that will be deemed as employees for purposes of California wage orders, ultimately granting such workers benefits, minimum wage, and overtime compensation, as well as rest and meal breaks.   As a result of this decision, California employers will have…

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01 May More on Medical Marijuana – Will Ohio Protect Employers’ Zero-Tolerance Policies?

When I wrote my last post on medical marijuana, I stated that once Ohio’s new medical marijuana law goes into effect in September, employers will still have a right under state and federal law to enforce zero-tolerance policies regarding marijuana use. Since then, people have pointed out to me that employees in other states have found exceptions to these laws that protected marijuana use and have questioned whether such loopholes exist in Ohio’s new law. While no courts have yet ruled on any cases regarding…

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26 Apr When Is A Sexual Harassment Policy And Training Ineffective?

As we continue our series on sexual harassment cases, here’s a play-by-play of a recent First Circuit case, Aggannis v. T-Mobile, USA, Inc.   A customer service rep (CSR) complains to her manager that her team “coach” made a sexual comment about her outfit.  Score for the manager who reports this to HR! HR follows up, but CSR says it’s no longer an issue; she stopped wearing the outfit and doesn’t want anything done.  HR drops it.  Tough call – management has an obligation to…

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24 Apr Think You Missed The 2017 EEO-1 Survey Reporting Deadline? Think Again . . . . But Act Fast!

  Employers who feared they had missed the March 31, 2018 submission deadline for their 2017 EEO-1 report are in luck – the EEOC’s EEO-1 Survey website now reflects that it has granted employers a short extension to get those reports on file.  The new deadline of June 1, 2018, is just over a month away, however, so employers required to file should not delay in gathering the required information and getting the necessary report(s) on file.  Returning filers should also be aware that the…

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24 Apr B is for “Bias” – Is Bias The Not-So-New Cause of Discrimination?

  Starbucks made national news earlier this month when two black men were arrested after refusing to leave a store.  News accounts reported that a store manager called 911 after the men remained in the store and asked to use the restroom but had not yet made a purchase.  The fallout from this event was notable to say the least: protests, calls for boycotts, and even an apology from the CEO.  The incident further has sparked a discussion on implicit bias, especially after the national…

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