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BT Currents - Hot Topics in Employment Law
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17 Feb 2017 Trump Promises to Re-tool Travel Ban After Last Week’s Hit from Ninth Circuit

  During an unprecedented, unscheduled press conference Thursday afternoon, President Donald Trump promised a new and improved travel ban in the name of national security. Last week, the president’s travel ban suffered a major setback from the U.S. Court of Appeals for the Ninth Circuit. Its decision in State of Washington v. Trump, upheld the arguments made by the states of Washington and Minnesota—which challenged the president’s executive order, in part, because the order negatively affected their state universities’ employees and students.   President Trump’s…

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27 Dec 2016 EEOC and Hospital Settle Flu Vaccine Religious Accommodation Lawsuit

  Six hospital employees who refused influenza vaccines will be offered re-employment and will receive payments totaling $300,000 to resolve the U.S. Equal Employment Opportunity Commission’s (EEOC) religious accommodation lawsuit against their former employer.   The EEOC and Saint Vincent Health Center in Pennsylvania entered into a consent decree, filed Dec. 23, that includes the hospital’s agreement to terms requiring careful consideration of requests for accommodations based on sincerely held religious beliefs, practices and observances with respect to mandatory influenza vaccination programs. As part of…

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10 Nov 2014 Five Distinctive Things About Ohio and Employment Law LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

As an employer lawyer in Columbus, I have to make this week’s letter O be for Ohio. Here are five distinctive things that help define Ohio employment law: Ohio is a very pro-enforcement noncompete state. Two key variations in state laws largely shape the enforceability of noncompetes in a state. One, will courts modify an overly broad noncompete to “make it enforceable?” Two, is continuing employment sufficient consideration to support a noncompete (as opposed to some additional consideration being required)? Ohio has given an unambiguous…

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24 Oct 2014 The Importance of Documentation in Defending A Termination Decision Employment Lessons Learned

This blog post is the inaugural post in what is intended to be an examination of lessons learned for employers through trial court decisions.  One might ask – why trial court decisions? The answer is simple – trial court judges are charged with examining the facts of each case when deciding who wins. And it is this examination that provides the lessons learned for employers. The name of the case, and even the jurisdiction, are not important.  But the facts are critical:   Prior to…

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15 Aug 2014 It Depends: The Top 3 Inherently Gray Areas of Employment Law LETTER OF THE LAW: CURRENT EMPLOYMENT LAW ISSUES A-Z

Fact-specific.   Case by case.   These are just two of the terms that stand for one of the frustrating (for employers) truths of many areas of employment law:  there are few black and white answers. There are endless shades of gray, and in honor of this week’s letter of the law (G), we recognize three common gray areas and some specific questions that must be asked when addressing situations under each. The fact that there are so many questions that need to be answered…

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03 Jul 2014 Age Discrimination and Technology: Don’t Take a “Mechanized” Approach Letter of the Law: Current Employment Law Issues A-Z

  From robots performing minimally invasive surgical procedures to computerized payroll, almost all businesses look to the latest technology to optimize day-to-day operations.  Employers need to remain mindful, however, of potential employment implications of being “cutting edge.”   For example, in Marlow v. Chesterfield Cnty. Sch. Bd., 749 F. Supp. 2d 417 (E.D. Va. 2010), a terminated school administrator sued her former employer based on circumstantial evidence of age discrimination. Prior to termination, the Superintendent questioned the plaintiff employee’s “21st Century skills.” Additionally, the school corporation…

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