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The Legal Stuff
BT Currents - Hot Topics in Employment Law

17 Apr THE SEC JOINS THE NLRB IN ATTACKING EMPLOYEE CONFIDENTIALITY AGREEMENTS

Recently, the U.S. Securities and Exchange Commission (SEC) fined an employer $130,000 for making employees sign confidentiality agreements during an investigation. The agreement stated that the employees could be terminated if they discussed the investigation with anyone outside the company without prior approval of the company’s legal department. The SEC charged the company with violating whistleblower protection Rule 21F-17 enacted under the Dodd-Frank Act, which prohibits companies from taking any action to impede whistleblowers from reporting possible securities violations to the SEC.  This case is…

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14 Apr Caveat to the FMLA Final Rule on Same-Sex Spouses: Not Yet

Put an asterisk on my February blog entry that “spouse means spouse” under the FMLA.   In late March, a federal judge in Wichita Falls, Texas, issued a preliminary injunction against the Department of Labor – to keep it from enforcing its new and expanded definition of “spouse” after being challenged by the states of Texas, Arkansas, Louisiana and Nebraska. Those four states object to the Department of Labor’s revised definition of “spouse” to include same-sex spouses because they claim the agency’s new rule would…

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13 Apr Did California Just Fire No-Employment Provisions From Settlement Agreements?

Many employers who negotiate settlements to end a hard-fought battle with a former employee prefer an agreement that the employee will never work for them again. After all, it is perfectly understandable that after a company spends untold thousands in legal bills and severance wishes for complete closure on a difficult chapter, as well as some certainty that they won’t have to worry about the possibility that the employee – now armed with settlement funds – would try another lawsuit based on a failure to…

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08 Apr Supreme Court Passes on Chance to Apply Uniform Rules on After-Acquired Evidence

  When employers were looking for certainty in the ongoing debate about after-acquired evidence, the U.S. Supreme Court said, “No, thanks.” Instead, the high court let stand a Second Circuit court decision in which an employer was allowed to use evidence to support that it fired an employee for breaking work rules.   In Weber v. Tada, 589 Fed. Appx. 563 (2d Cir. Oct. 9, 2014) the Supreme Court recently declined to grant certiorari, which means that the split among the lower courts is likely…

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01 Apr No Girls Allowed Isn’t Allowed: Even Roughnecks Have To Follow The Law

Even in the “manliest” of jobs, employers must be careful not to discriminate against female applicants, or it will cost them. On March 24, the United States District Court for the Northern District of Oklahoma denied an employer’s motion for summary judgment against the EEOC in EEOC v. Unit Drilling Company, finding issues of fact regarding female applicants’ discriminatory failure to hire claims.   Unit Drilling Company operates oil drilling rigs and was hiring for the position of floor-hand, an entry-level job that requires no…

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