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BT Currents - Hot Topics in Employment Law

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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14 Sep Rollercoaster Week for EEOC Regarding Background Checks

Last week started poorly for the agency often criticized as overly aggressive, as a federal judge in Maryland ordered the EEOC to pay attorneys’ fees of nearly a million dollars for overplaying its hand. In EEOC v. Freeman, the agency sued a corporate events company for its background check policies, charging that those checks had a disparate impact on minorities. The problem arose when the EEOC brazenly pushed ahead with its case even after its alleged statistics expert’s report was thoroughly debunked by Fourth Circuit…

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11 Sep Teacher’s Online Rants About Students Are Not Protected By First Amendment

In Munroe v. Central Bucks School District, the Third Circuit recently upheld summary judgment for a school district, high school and superintendent in a First Amendment retaliation case filed by a former teacher. Natalie Munroe, a former English teacher at Central Bucks East High School near Philadelphia, maintained a personal blog. Although most of her posts focused on uncontroversial topics such as recipes and vacations, several of her posts were highly critical of her students and coworkers.   Munroe opined that she wished she could…

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