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Medical Benefits Law

EEOC Files Historic, Challenges Biometric Testing by Employers

October 30, 2014
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Although Obamacare allows employers to conduct biometric tests, the EEOC says such tests violate the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act.
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‘Vaping’ Decision Up in the Air, but Some Fuming About Potential e-Cigarette Regulation

October 29, 2014
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As the popularity of e-cigarettes continues to grow, there’s still no definitive ruling on the safety and proper regulation of the tobacco-free alternative. It’s up to employers to fill in the gaps.


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Employers: 'No Sale' on Private Exchanges

October 27, 2014
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Employers can use the ACA as a framework to communicate the value of their plans in a positive light. 


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'Honest belief' Isn’t a Defense to an FMLA Claim, Says Federal Court

October 24, 2014
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An 'honest belief' will not save an employer who denies an employee’s FMLA request without first exhausting all available avenues of communication and clarification with the employee.
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Cop Caught Sleeping on the Job Awarded $1M in ADA Lawsuit

October 21, 2014
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Unless an employee is absolutely unable to perform the essential functions of the job with (or without) reasonable accommodations, a medical diagnosis should never come into play as a reason for termination.
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What Employers Should Know (and Do) in Response to the Ebola Threat

October 17, 2014
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Employee safety should always be the company's highest priority, and employers should follow CDC guidance and avoid knee-jerk reactions, no matter how provocative an employee's activities may be.


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Don’t Fish for Return-to-Work Medical Info Under the ADA

September 16, 2014
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The moral of this story is to confirm, but don’t fish, when seeking medical information from an employee returning to work following a medical leave of absence.
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Cop Loses Big ADA Verdict on a Finding of No Disability

August 21, 2014
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Since Congress expanded the definition of 'disability' in 2009, conventional wisdom has said that most medical conditions will qualify for protection under the ADA. This case sets the bounds of the exception.
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Do Not Force Employees to Work During FMLA Leave

August 13, 2014
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FMLA leave is federally guaranteed for a reason. Don’t mess with that reason by requiring work (albeit paid and at home) in lieu of bona fide leave of absence.
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Do the Math: The ACA Means Correct Counting

August 8, 2014
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Employers who have not accurately counted the number and type of employees within their organization by Jan. 1, 2015, could end up with unnecessary expenditures as a result of the Affordable Care Act’s employer mandate. 


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