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The Legal Stuff
BT Currents - Hot Topics in Employment Law

23 Jun OSHA’s New Mandatory Electronic Recordkeeping Rule The Hidden Requirements for Anti-Retaliation and Discrimination Require Action Before Aug. 10, 2016

As you may be aware, the Occupational Safety and Health Administration (OSHA) has published a new final rule revising the recordkeeping and reporting requirements. OSHA’s summary of its new final rule can be found here and the full text of the recordkeeping regulations can be found here.   While a lot of buzz is occurring around the new electronic submission requirements that become effective Jan. 1, 2017, there are significant developments which are not explicitly referenced in the regulations which require action by Aug. 10,…

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05 Jan New Year, New Laws: Welcome to 2016 in California

  In true California fashion, new measures that took effect on Jan. 1 will benefit millions of workers while posing additional challenges for employers. Some are broad, while others have a narrower focus. Below is a round-up of the notable New Year’s laws:   Minimum Wage The state minimum wage increased to $10 perhour. The $10 rate is the highest minimum in the nation—don’t worry Californians, Massachusetts also adopted this rate. For some comparison, the federal minimum is $7.25 perhour. Keep in mind that with the…

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21 Nov Breaking News: Refusing to Allow an Employee to Rescind His Or Her Voluntary Resignation Can Get You Sued

Here is the scenario. Your employee decides to voluntarily resign. She gives plenty of notice. Before her scheduled end date, the employee provides information relevant to a sexual harassment investigation involving her supervisor. Before the scheduled end date, the employee tries to rescind her employment. The supervisor refuses. Here’s the question: Is the refusal to allow the employee the opportunity to rescind her resignation an “adverse employment action” for purposes of a retaliation claim?   It could be, at least according to the Fifth Circuit Court of Appeals. A similar scenario played out…

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07 May Pitfalls in Citing “Advice of Counsel” in Decision Making

A case decided in April underscores the risks and unanticipated consequences of referring to “advice of counsel” in defending adverse employment actions. A former hospital employee sued in federal court for alleged sexual harassment, assault, retaliation and FMLA violations. In discovery, both the hospital’s CEO and its human resources manager testified not only that they sought the advice of the hospital’s employment attorney when considering whether to place the employee on extended probation, but also that the hospital’s counsel recommended the specific action taken. The…

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29 Apr Supervisors Are Employees Too … to the Tune of $6.6 Million

What termination of a single employee can justify a $6.6 jury award?  (The punitives award was reduced by the lower court from $15.9 million. The employee also received $2.2 million in non-punitive damages). According to the Ninth Circuit Court of Appeals, the federal appeals court for western states including California, the following elements justify a lower court jury’s award in this amount:   Discharge found to be in retaliation for suing for overtime pay, reporting violations to OSHA and Department of Transition, and inciting other…

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