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BT Currents - Hot Topics in Employment Law

28 Aug California Strikes Again! Senate ‘OKs’ Bill Limiting Employment Arbitration

  This week the California State Senate passed a measure that would block most employers from forcing workers to agree to arbitrate labor disputes instead of filing claims with state agencies or courts.  The senate approved the measure, AB-465—which is sponsored by the California Labor Federation and has drawn fierce opposition from the California Chamber of Commerce. Following AB-465’s passage, the senate ordered the bill to the assembly. The bill would add a new provision to the Labor Code to prohibit any person from:  …

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27 Aug The Witness Files: 10 People We Keep Seeing in Workplace Investigations (cont.)

I have written here and here on BT Currents about the fact that it seems there are a handful of types of characters – among the complainants, the accuseds and the innocent bystanders alike – who seem to present themselves over and over again in workplace investigations, and a series I have written on i-sight.com about these characters and key strategies for dealing with each of them. The 10 characters I have identified are the following:   Complainants – Poor performer – Questionable complainant –…

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24 Aug DOL TO CONSIDER RULE ON PORTABLE ELECTRONIC DEVICES OUTSIDE OF WORKING HOURS

Perhaps in anticipation of the greater number of non-exempt employees as a result of the proposed increase in salary for exempt employees, the Department of Labor (DOL) has announced that it will be seeking public input on the question of employees’ use of portable technology outside their workplace and normal working hours. This was introduced as a part of the DOL’s Spring 2015 regulatory agenda and it is anticipated that they will issue this public request for information by the end of the month.  …

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19 Aug Not All Good Deeds Are Punished: A Paid Suspension Is Not An Adverse Employment Action For Title VII

Chalk up a victory for logic.   Addressing an issue of first impression, the federal Third Circuit Court of Appeals (which covers Delaware, New Jersey and Pennsylvania), recently held that an employee’s suspension with pay is not an adverse employment action for purposes of Title VII. In doing so, the Third Circuit has joined several of its sister Circuits across the country, including the Second, Fourth, Fifth, Sixth and Eighth Circuits.   The case, Jones v. Southeastern Pennsylvania Transportation Authority involved an employee who was…

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18 Aug Federal Court Allows Arbitration After Employer’s Nine-Month Delay

  At first glance, a recent decision from the Eastern District of Pennsylvania appears to throw cold water on the generally accepted rule that an employer who waits too long to enforce its right to arbitrate employment disputes waives that right.  The case, Serine v. Marshall, Dennehy, Warner & Goggin, et al., involved an employee who sued her former employer – a law firm – in federal court and the firm waited more than nine months before seeking to pursue arbitration.   The law firm…

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