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Medical Benefits Law

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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Beware the 'Anticipatory Pregnancy' Claim

August 6, 2014
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If a pregnant employee tells you that she will be unable to perform at some point in the future, wait until that time to terminate her.
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Legal Briefing: Affordable Care Act Final Regulation

August 5, 2014
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With compliance beginning as early as January 2015, employers should determine their number of employees under the regulations to determine when compliance is necessary.
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Will Hobby Lobby Decision Give Title VII Fits?

July 1, 2014
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What about Title VII and the other ant-discrimination laws? Hobby Lobby does not answer these questions and leaves them to lower courts to interpret in future cases.
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Chicago NLRB OKs Northwestern University Football Players’ Petition to Unionize

March 27, 2014
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University attorneys, who have vowed to appeal the ruling, have 14 days to file. 


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Wellness Programs Should Offer Alternative to Exercise

March 4, 2014
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If unhealthy employees are bad for business, then I think it’s fair to argue an executive who plays ‘body police’ and essentially bullies employees into participating in a wellness program is bad for business, too.


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Infertility’s Fertile Legal Ground

February 9, 2014
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Employers that fail to accommodate employees’ infertility treatments could see an explosion of these types of claims.
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Is Regular Attendance an Essential Job Function? It Depends.

February 3, 2014
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As a court recently pointed out, regular attendance is important in any job. Important, however, does not always equate to essential.
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