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BT Currents - Hot Topics in Employment Law
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23 Mar 2018 Medical Marijuana is Coming to Ohio– What Employers Need to Know

  In 2016, Ohio approved the legalization of medical marijuana, but the law does not go into effect until September 2018. Some Ohio business owners might be nervous at the prospect of employees soon having greater access to marijuana, but they needn’t worry, as the law was written in a pro-employer manner.   Nothing in Ohio’s medical marijuana law:   Requires employers to accommodate an employee’s use, possession, or distribution of marijuana in the workplace Prohibits employers from disciplining, terminating, refusing to hire, or otherwise…

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16 Jan 2018 What’s Old Is New Again: DOL Resurrects Advisory Opinion Letters

  Employers can expect to benefit from real-life answers to some real-employer wage-and-hour questions now that the U.S. Department of Labor (DOL) reinstituted 17 Advisory Opinion Letters that had been originally issued in 2009, but subsequently withdrawn during the Obama administration.   Such opinion letters provide formal, detailed analysis and answers to employers who pose FLSA compliance questions to the DOL. The opinion letters are published on the DOL website, thus any employer who happens to have the same or a similar compliance issue can…

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20 Dec 2017 Employment Visas: Changes to Expect in 2018

  Change is afoot. The Trump administration has moved full steam ahead on immigration proposals focused on, among other things, increased scrutiny of employment visas. The proposed changes were announced in a semi-unified agenda and comes at the heels of Trump’s “Buy American and Hire American” Executive Order, which was rolled out earlier this year. If implemented, these changes will affect thousands of immigrants, and may make it more difficult to obtain work authorization for certain categories of employees.   This agenda does not by…

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25 Aug 2017 Get a Room! Rethink Conducting Employee Reviews Over Lunch

  The other day while visiting my dentist, the oral hygienist told me about her prior job, where her supervisor took her out to lunch to discuss her performance review – and frequently did the same with other employees. She thought this was great, especially since the supervisor had a penchant for really good, high-priced seafood.   While that all sounds tasty, one has to question how effective a performance review can be when attempting to crack open crab legs. This brings me back to…

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02 Jun 2017 Trump-Era Immigration Worksite Raid Threats May Bring New Requirements for California Employers

  Amidst fears of increased workplace immigration raids during Trump’s presidency, California’s legislature recently introduced a bill that, if passed, would ban employers from providing workplace access to immigration and U.S. Immigration and Customs Enforcement (ICE) officials without a warrant. This bill could have enormous affects for California, where more than 2.6 million undocumented workers reside. Notably, almost one in every 10 California workers is undocumented, and undocumented workers make up almost half of California’s agricultural workforce.   The measure, AB 450, called the Immigrant…

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01 Jun 2017 Six Statements That May Mean Your Business Will Keep an Employment Lawyer Busy

  I recently posted elsewhere six things I hear employers say that, while understandable in some cases, may actually cost the employer money in legal fees (and, with some of them, judgments or settlements). Here are the statements and more info on why they are problematic:   “Noncompetes aren’t really enforceable. I’ll just hire him.” “I’ll just get a document off the internet.” “I’ll write it myself, then my lawyer can review it.” “Other employees are tired of having to cover for him being sick.”…

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23 May 2017 OSHA Delays July 1 Electronic Reporting Requirement

  Authored by Don Lawless, Mark Kittaka and Patricia Ogden   Last week, the federal Occupational Safety and Health Administration (OSHA) announced that it “is not accepting electronic submissions of injury and illness logs at this time, and intends to propose extending the July 1, 2017 date by which certain employers are required to submit the information from their completed 2016 Form 300A electronically.” No additional detail or explanation was provided. OSHA states that additional updates will be posted to the agency’s recordkeeping website when they become…

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17 May 2017 Hiring Teenagers This Summer? Here are 3 Key Considerations

  School’s out for the summer. If you do business in recreation, restaurants, or retail, chances are you will be employing teen workers this season. So now is a good time to learn from a few real-world examples of legal issues involving teen workers.   The U.S. Equal Employment Opportunity Commission will not hesitate to come to the aid of young workers if it believes they have been subjected to sexual harassment. You can read the EEOC’s descriptions of several of its cases involving harassment…

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12 May 2017 Trump’s Actual Impact on OSHA

  In November, I attempted to look into the crystal ball to see what potential impact the new Trump administration could have on the Occupational Health and Safety Administration (OSHA). Here are some of results so far, which on the whole, are favorable to employers who suffered under the “regulation by shaming” mantra of past Assistant Secretary of Labor David Michaels.   Budget Cuts – As predicted, on May 5, President Trump signed a spending bill that cuts the labor department’s discretionary spending budget by…

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08 May 2017 House Passes Bill to Legalize Comp Time in the Private Sector

  Employers and employees may soon have more flexibility in how and when overtime gets paid. Last week the U.S. House of Representatives passed the Working Families Flexibility Act (WFFA), a law that would amend the Fair Labor Standards Act (FLSA) by allowing employers to offer, and employees to accept, “comp time”­ instead of cash payment for hours worked over 40 in a workweek. “Comp time” is generally defined as paid time off that is earned instead of receiving cash payment for overtime. It is…

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