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The Legal Stuff
BT Currents - Hot Topics in Employment Law

01 Mar How to Respond to a Subpoena Regarding One of Your Employees

  From time to time, an employer will be served with a subpoena for information relating to one of its employees. Most commonly, this is in the context of a domestic dispute in which the employee is involved. A subpoena imposes a legal obligation on the organization receiving it and it is important that it be treated accordingly. Failure to properly respond can result in fines or other sanctions for contempt of court.   Here are some basic steps to help your company respond to…

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29 Feb Seventh Circuit to Review Wellness Program Under Americans with Disabilities Act

  Employers with incentivized wellness programs should keep a close eye on the Seventh Circuit’s treatment under the Americans with Disabilities Act (ADA) of a plastic-maker’s policy that requires medical exams as part of its voluntary wellness program. Previously, a federal court in Wisconsin ruled that the employer’s policy – which required enrolled employees to answer medical history questions, have blood drawn, and have their blood pressure measured – came within the ADA’s “safe harbor” provision because the employees were not at risk of losing…

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29 Feb State Noncompete Statutes, Your Company, and the Economy: One Perspective

  We write a lot on Currents about noncompetes. Even if your company does not use them, you may find yourself hiring somebody who has signed one with a former employer, and as a Currents reader, you know that the rules about noncompetes vary widely from state to state and you need to have some awareness of how they vary before making decisions. For example, even if an Ohio noncompete specifies the application of Ohio law, if litigation is commenced in another state, the other state’s courts…

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25 Feb Bill Proposes to Streamline Ohio’s Outdated Antidiscrimination Statutes

  Ohio’s antidiscrimination statutes are currently some of the least friendly in the country to employers. There are long statutes of limitations, individual liability for managers, and uncapped damages. Not to mention, the laws can be incredibly confusing – there are four different ways to file an age discrimination claim and they have different statutes of limitations, remedies and jurisdictions.   Hopefully for employers, this system will soon be corrected. Senator Bill Seitz has introduced Senate Bill 268, the Employment Law Uniformity Act. If the…

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18 Feb West Virginia Becomes Next Right-to-Work State Over Protest, Veto of Governor

  Employers take note and review your agreements and practices – On Feb. 12, the West Virginia house and senate overrode Governor Earl Ray Tomblin’s veto of SB 1 (known as the West Virginia Workplace Freedom Act), which amends the Code of West Virginia to prohibit employment agreements that require membership in a labor organization as a condition of employment, or any requirement that a person becomes/remains a union member as a condition of employment.   Additionally, SB 1 prohibits any requirement that, as a condition…

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