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BT Currents - Hot Topics in Employment Law

15 Jul DOL Cracks Down on Definition of Independent Contractors

According to the Department of Labor (DOL), most workers are “employees,” not independent contractors.   After years of watching more contract workers fall outside the categories of “employees,” this morning, the DOL issued an Administrator’s Interpretation regarding the alleged “misclassification” of workers as independent contractors, and broadly includes most workers as employees.   The DOL’s guidance responds to the skyrocketing usage of contract labor in the wake of increased government regulation, including the Affordable Care Act. Bucking this trend, agencies like the DOL have increased…

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15 Jul ADA Decision Shows Need to Work with Employee Who Doesn’t Fit the … Mold

A recent federal district court decision shows the importance for employers to work through asserted employee health issues and document that they have done so.  The case involves Resa O’Reilly, who was hired for a government job.  Almost immediately after she began work, she began experiencing a number of physical symptoms – headaches, sinus pressure, eye pain and numbness.  She experienced the symptoms only when she was at work.  She was away from work for training for a few weeks without problem.  As soon as…

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13 Jul “Perceived as” Religious Bias Claims? – A Federal Court in Michigan Says “Yes”

Recently, a federal judge in the Eastern District of Michigan denied a company’s motion for summary judgment that Title VII and Michigan state law do not prohibit discrimination on the basis of perceived religion. Kallabat v. Michigan Bell Tele. Co.¸2015 BL 194351, E.D. Mich., No. 2:12-cv-15470. Despite the citation of other six federal district court decisions from other states (IL, KS, NC, NY, OH and TN) holding that Title VII does not cover a perceived religion claim, the court held that they would not bar…

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06 Jul Performance You Can Measure Is Best Defense, FMLA Case Demonstrates

I often find myself counseling clients that the more measurable a performance issue is, the easier it is for the employer to prove that issue is the true, nondiscriminatory reason for a termination or other job action in the face of a discrimination or other employment claim. Sales employees almost always have measurable data about their performance, which seemingly provides an objective basis for employment decisions taken against individuals whose sales number are lowest. Such decisions are not bullet proof; for example, the employee may…

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01 Jul More Hope for Employers Who Have Ever Felt Bullied by the EEOC

In past entries in this blog, we have noted how multiple courts have been critical of the EEOC for failing to engage in good faith settlement negotiations with employers. These cases provide some solace for employers who feel as if the EEOC takes unreasonable settlement positions simply because it has nothing to lose if settlement negotiations breakdown and litigation ensues. A recent case from a federal court in the Southern District of Ohio is the most recent case in this line.   In EEOC v….

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