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Medical Benefits Law

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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Are Temporary Impairments ADA-Protected Disabilities? You Bet.

January 28, 2014
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Disability discrimination cases no longer focus on whether an employee is legally disabled, but instead on whether an employer engaged the employee in the interactive process towards a reasonable accommodation.
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When is 1,250 not 1,250? Hours Worked Versus Hours Paid for FMLA Eligibility

January 23, 2014
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Whatever time tracking and payroll system you use, it must have the ability to differentiate between time paid and time worked. It could likely save you from an FMLA claim if an employee is on the 1,250-hour bubble.
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Separation of Protected Activity and Discipline can Shield Employers From Retaliation Claims

January 16, 2014
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You can help insulate your company from retaliation claims by training your employees to treat FMLA requests (and other instances of protected activity) as need-to-know.
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