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BT Currents - Hot Topics in Employment Law
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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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01 May 2017 Lessons Learned: Job Descriptions Do Matter

  When was the last time you reviewed the job descriptions of your employees?  At the time of the review, did you ask supervisors to review the job descriptions to see if they were accurate?  What about the employees – did you have each employee review and sign the applicable job description, acknowledging that it accurately described the job duties as performed by the employee?  While there is no legal requirement to regularly update job descriptions (or even to have them), the 11th Circuit’s decision…

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04 Apr 2017 Your Questions About Ohio’s New Gun Law Answered

  This post was authored by Bill Nolan and Doug Oldham.   Ohio’s new gun law grants concealed carry licensees the right to carry concealed firearms in more places, such as vehicles, causing many business owners and employers to question how this law will affect guns at their businesses. The law went into effect on March 21. This post answers some business owners’ common questions and concerns.   Question: Does “a person’s privately owned vehicle” include …   A vehicle that is owned by the…

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31 Mar 2017 Paid Leave American-Style: “I Get Mine, But You Can’t Have Yours!”

  Employers are all too familiar with the FMLA, but paid leave seems to be generating a lot of political buzz these days. A new Pew Research Center Survey reveals that a paid leave law might be a popular measure. However, the same survey also reveals that most Americans are cynical when it comes to the use of such leave.   The Pew study found that, of those surveyed, about 75 percent of Republicans and about 90 percent of Democrats support some kind of federal…

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24 Mar 2017 Easy Come, Easy Go: Appeals Court Reverses $2.6 Million Award in ADA Case

    In a helpful case for employers, the Second Circuit Court of Appeals reversed a $2.6 million jury verdict in Stevens v. Rite-Aid Corporation (Case No. 15-277), holding that the employer could not reasonably accommodate a pharmacist’s fear of needles.   The case began in 2011, when Rite-Aid started requiring that all of its pharmacists be able to administer immunization injections to customers. But, the new job requirement presented a problem for Rite-Aid pharmacist Christopher Stevens; he suffers from the fear of needles, known…

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16 Mar 2017 Mugshots Gone Viral: Internet Clickbait is a Hiring Manager’s Minefield

  While “that hot mugshot guy” launched a modeling career – including a recent New York Fashion Week runway appearance – based on his improbably good-looking booking photo, most arrestees are not so lucky.   It seems the Internet-browsing public can’t resist clicking around for such photos — from celebrities to the average joe — and thus media sites routinely post such photos to attract page views. Mugshots are nearly unavoidable on the Internet and they remain posted long after any news value has faded away. There are even commercial…

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09 Mar 2017 Unwise Old Sayings? Watch Out For Stereotypes That Might Trigger An Age Discrimination Lawsuit

  By this point, most employers know not to make explicit ageist remarks such as calling an employee Grandpa, saying an employee is old, or inquiring about when an employee will retire. However, employers should also be mindful that less explicit remarks, even if not intended to be ageist, can evoke certain stereotypes and result in allegations of age discrimination.   In a recent Eighth Circuit case, an employee sued for age discrimination after his termination. His supervisor had noted that tasks requiring “physical skill…

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