Follow Us
twittergoogle_pluslinkedinrssyoutube
Subscribe to the BT Currents Blog

By signing up, you agree to our Terms of Service and Privacy Policy.

Recent Posts
The Legal Stuff
BT Currents - Hot Topics in Employment Law

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…

0 0
READ MORE

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…

0 0
READ MORE

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….

0 0
READ MORE

01 Jul An Annual Ritual: Massachusetts Noncompete Legislation

We wrote last year about significant legislative efforts to ban noncompetes in Massachusetts. Proponents of such a ban, including Governor Patrick, contend that Massachusetts suffers a brain drain in the high-technology field because talent flees to California, where as many readers will know, noncompetes are virtually banned. In other words, a tech whiz would rather work in California where she may move freely from company to company rather than being limited by a noncompete. Certain high-tech interests in Massachusetts support a ban, whereas most traditional…

0 0
READ MORE

30 Jun DOL FINALLY UNVEILS PROPOSED GUIDANCE AFFECTING OVERTIME

  Today, the U.S. Department of Labor (DOL) revealed a long-awaited proposed rule that is expected to make millions of workers eligible for overtime pay.  (See Notice of Proposed Rulemaking and the DOL’s presentation.)   What will this proposed change mean to employers? If enacted, it means those certain employees currently considered to be “exempt” from Fair Labor Standards Act (FLSA) requirements will be nonexempt and must be paid overtime if they work more than 40 hours in a week. The proposed new “white collar”…

0 0
READ MORE