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The Legal Stuff
BT Currents - Hot Topics in Employment Law

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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14 Aug Clarity from the 9th Circuit: The ADA Does Not Require Employer to Keep a Potentially Violent Employee

A recent decision by the Ninth Circuit Court of Appeals affirms our faith in the federal courts on issues of workplace violence. In the case of Mayo v. PCC Structurals, Inc., the plaintiff/employee argued that he was a victim of disability discrimination under Oregon law after he was fired for threatening his co-workers. (The court notes Oregon’s disability law is similar to and similarly analyzed as the Americans with Disabilities Act.)   The employee had a history of major depressive disorder, and after making threats…

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13 Aug Employees May Soon Have Something To Lose In FLSA Lawsuits

The deck in Fair Labor Standards Act lawsuits has long been stacked against employers. Even if the employer wins at trial, its legal fees and costs will likely be hefty – six figures or more. And if the employer loses, it may have to pay double – or even triple – the plaintiffs’ actual damages and the plaintiffs’ costs and fees, on top of its own costs and fees.  It can feel like employees have nothing to lose and like employers are destined to “lose”…

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