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BT Currents - Hot Topics in Employment Law

12 Oct Employee Who Threatened to Shoot His Colleagues with a Shotgun Not a “Qualified Individual” For the Purposes of Oregon’s Disability Statute, Says Ninth Circuit

The inherent tension between employee mental illness and workplace disability discrimination laws has become a hot topic over the last few years. Yet, legal opinions addressing this issue have often led to more questions than answers. For instance, what happens if an employee’s mental illness causes him or her to violate company rules? Can the employer discipline such an employee without running afoul of the Americans with Disabilities Act (ADA)? Or, in the most extreme situation, what disciplinary actions may an employer take against an…

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08 Oct Altering Arbitration: Sakkab v. Luxottica Retail North America

Overtime claims that a former LensCrafters employee brought against a California franchise led the Ninth Circuit to once again tweak arbitration rules. The divided 9th Circuit panel reversed the district court’s order granting defendant Luxottica Retail North America, Inc.’s motion to compel arbitration of claims and dismissing plaintiff’ Shukri Sakkab’s  first amended complaint, in a putative class action raising class employment-related claims and a non-class representative claim for civil penalties under the Private Attorney General Act.   Mr. Sakkab filed the complaint in San Diego against defendant,…

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05 Oct Nearly 40 Percent of Mandatory Reports to OSHA Lead to Inspection

As we previously noted in late 2014, OSHA implemented a new mandatory reporting requirement which would require employers to report to OSHA within 24 hours if a single employee was hospitalized overnight. Previously, an employer was only required to report this if three (3) or more employees were hospitalized overnight. The new regulations also required the mandatory reporting of any amputation or loss of an eye within 24 hours. As before, workplace fatalities have to be reported within eight hours. These new regulations became effective…

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28 Sep Enforcing The Phantom Noncompete: Michigan Court Allows Employer To Pursue Noncompete Claim In The Absence Of A Written Document Signed By Employee

It is commonly accepted that to enforce a noncompete agreement against an unfaithful employee, the employer first needs to have a signed, written agreement with that employee. However, a new decision from a federal court in the Western District of Michigan, Stryker Corporation v. Ridgeway, has splashed some cold water on that notion.   The employer in Stryker sued a former employee for breach of his noncompete agreement. Unfortunately for the company, it had no signed version of the noncompete. Jumping on this opportunity, the…

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18 Sep New rules provide insights for pregnancy accommodations in Illinois

Since the start of the year, all employers in Illinois with one or more employees are required to provide accommodations for pregnant workers for conditions associated with pregnancy and childbirth.  Now the Illinois Department of Human Rights (IDHR) and the Illinois Human Rights Commission (IHRC) have issued a set of proposed joint rules to assist with interpretation and enforcement of the new law.   Under amendments to the Illinois Human Rights Act that went into effect on Jan. 1, 2015, employers and labor organizations must…

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