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Miscellaneous Legal Issues

Are Employers Really Asking for Social Media Logins and Passwords?

March 11, 2013
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You would think that if the practice of employers requiring applicants and employees to disclose login and password information has reached epidemic proportions, I would have heard of or encountered at least one employer engaging in this practice. I haven't.
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Legal Briefing: Discrimination as a Substantial Motivating Factor

March 8, 2013
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Wynona Harris, a bus driver employed by the city of Santa Monica, California, was fired on the same day she submitted a doctor's note to her supervisor stating that she could continue working through her pregnancy with limited restrictions. Harris sued, alleging pregnancy discrimination in violation of California's Fair Employment and Housing Act.
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Fight or Flight? When an Employee Sues You, Should You Litigate or Settle?

March 7, 2013
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The reality is that there is no easy answer to the question of how your company should respond to a lawsuit by an employee.
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Legal Briefing: Religious Objections to Health Care

February 28, 2013
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The Patient Protection and Affordable Care Act has been challenged in several recent cases. Its provisions require that employers provide contraceptive coverage. Several business owners and organizations have gone to the courts since they objected to providing health care to their employees that opposed the companies' religious beliefs.
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U.S. Labor Department Seeks Clamp Down on Union Activity Advice

February 20, 2013
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In June 2011, the Labor Department dropped a bombshell, proposing that the advice exception be substantially narrowed because the broad reading of the exception had resulted in the 'underreporting' of persuader activity.
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We Love Our Phones, but Should Employees Be Paid for Using Them Off-Duty?

February 14, 2013
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If you provide them mobile devices, or let employees BYOD and connect them to your network, have a written policy that tells them they are not required to read or reply to emails after hours. Create a culture that lets your employees escape from work while not at work.
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Happy ADEA Day (to Me). Now Let's Rewrite the Age Discrimination Laws.

February 13, 2013
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Today, to mark the ruby anniversary of my birth, I am starting a movement to change the protections of age discrimination laws from age 40 to age 50.
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Be Careful What You Bring Upon Yourself When Suing an Ex-Employee

January 14, 2013
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If you are going to sue an employee, current or former, make sure you do your diligence of your own potential liabilities. If you uncover something that can come back and bite you, make sure it is a claim with which you can live.
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Labor Department Proposes Allowing Coca-Cola to Fund Life, AD&D Benefits in Captive

January 3, 2013
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Atlanta-based Coca-Cola wants to use its Red Re Inc. captive to reinsure life insurance and accidental death and dismemberment policies written by Metropolitan Life Insurance Co.
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Pot Laws Facing High Court Scrutiny?

December 18, 2012
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Nothing is on the U.S. Supreme Court docket yet but with recent passage of liberal marijuana-use laws, a case could fire up justices.
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