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
0 0

18 Apr 2018 DOL Issues New Opinion Letters on Wage and Hour Issues – Compensability of Health-Related Rest Breaks

  The DOL recently issued three new Wage and Hour opinion letters on its website giving employers additional guidance on compensation for travel time, pay for health-related rest breaks as well as whether lump sum payments are subject to garnishments. This demonstrates the commitment of the DOL to re-establish the opinion letter program which was eliminated during the Obama administration.  Back in January, the DOL re-issued 17 opinion letters issued by the Bush administration nine years ago but which had been withdrawn during the Obama…

READ MORE
0 0

05 Apr 2018 Accommodate Much? Restrictive Seventh Circuit Leave Ruling Lives On

  Letter of the Law: A Revival!  No employment lawyer worth her salt would choose anything other than “Accommodation” for the Letter A.  And so it begins….   HR professionals know all too well that the ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities.   While accommodations often include overcoming physical obstacles such as inaccessible workplace areas and unwieldy equipment, they more commonly pertain to workplace rules. For example, employers are asked to change when or where work is performed, leave…

READ MORE
0 0

13 Oct 2017 Attention Illinois Employers: 3 Handbook Policies to Revisit Now

  If you haven’t reviewed your attendance, sick leave, or pregnancy-related policies in a while, the time is right to ensure you stay up to date and prevent potential pitfalls.   Parental leave and pregnancy accommodation policies may need updates   Recent lawsuits, such as the one that the EEOC filed against Estee Lauder, claim companies’ parental leave policies violate sex discrimination laws if they provide male employees with less bonding leave upon the birth of a child than female employees receive. This serves as…

READ MORE
0 0

29 Sep 2017 The Gradual But Decided Shift to a Much More Complex World of Employment Law

  On Oct. 4, my colleagues (and fellow Currents bloggers) Jeanine Gozdecki and Doug Oldham will be presenting a program focused on increasing complexity in the employment law arena. Employment law accelerated in the 1960s when Title VII of the Civil Rights Act was passed, as well as many similar state discrimination laws. At that time, things seemed pretty cut and dried – treat people equally to avoid liability. Many factors have made the world of employment law far more complicated since then:   The number of protected…

READ MORE
0 0

18 Jul 2017 Sticks and Stones: When Texts and Emails Will Hurt You

  Sticks and stones may break my bones But words will never hurt me   Recent legal decisions painfully remind us that words, specifically words in a text, instant message or email, can derail an employer’s position or defense.  The informality of these electronic communications tends to create the mindset that they are less subject to exposure or scrutiny than a formal written letter or memorandum.   In a recent case, Martin v. Tall Brown Dog, LLC, the plaintiff was a recently hired leadership/business development…

READ MORE
0 0

09 Jun 2017 Lessons Learned – Engaging in Protected Activity Does Not Shield An Employee From Termination

  Navigating the FMLA, the ADA, and a myriad of state laws poses challenges for even the most knowledgeable HR professional. But as one court recently reminded us in Ibewuike v. The Johns Hopkins Hospital, employers can hold employees accountable for misconduct (such as violating leave policies) unless of course, it would be reasonable, under the facts and circumstances of the particular situation, to excuse the misconduct.   In Ibewuike, the employee applied for leave under the FMLA in connection with the anticipated birth of…

READ MORE
0 0

28 Apr 2017 Can Employers Terminate an Employee Because of Vacation Photos Posted to Facebook?

  It is no secret that employers can and will make employment decisions based on employee social media postings—but will those employment decisions hold up in court? In a recent case, Jones v. Gulf Coast Health Care of Delaware, the Eleventh Circuit held that an employee could proceed on a claim for retaliation under the Family and Medical Leave Act (“FMLA”) following his termination for posting vacation photos to his Facebook.   Rodney Jones worked at Accentia Health and Rehabilitation Center of Tampa Bay. Mr….

READ MORE
0 0

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…

READ MORE
0 0

01 Mar 2017 Call-In Procedures and Intermittent FMLA

  Intermittent FMLA leave and attendance issues: an employer’s nightmare. There are so many different rules that employers must follow, inquiries that can and cannot be made, and potentials for employee abuse.   Imagine this scenario: An employee is approved for intermittent FMLA leave to care for a sick child. The employer informs the employee about its process for administering this leave, which includes calling both the organization’s attendance line at least 30 minutes prior to missing work. Despite being informed of this process, the…

READ MORE
0 0

06 Jul 2016 Survey Says: 73% of Employees Taking FMLA Are Non-Exempt, and Other Tidbits

  The latest survey from our friends at Employers Resource Association of its members focuses on employers’ practices and employees’ usage. Here are some of the findings:   Employers have several options for how they count the applicable 12 month period. Not surprisingly, the great majority (63 percent) of employers use the rolling 12-month period. 9 percent of respondents’ employees have used Family and Medical Leave Act (FMLA) leave during the last year. This includes substantial numbers of employees taking intermittent leave and substantial numbers taking longer term…

READ MORE