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Miscellaneous Legal Issues

Legal Briefing: Court Delivers FedEx Ruling on Hiring Decision

June 3, 2014
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When an employer inquires into an applicant’s medical condition as a condition of a job, the employer must focus on the individual job at issue.
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Formula for Lactation Policies

May 8, 2014
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Women enjoy the legal right to reasonable breaks for lactation in the workplace. Two different laws grant this right: the Affordable Care Act and Title VII’s sex-discrimination protections.
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Legal Briefing: 100 Percent Wrong?

May 8, 2014
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Policies that require employees to return to work only if they are 100 percent healed may violate the Americans with Disabilities Act.
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Legal Briefing: One Doctor's Note Will Do

May 8, 2014
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Employers cannot request recertification of approved FMLA leave of absence each time the employee requests such an absence.
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The Importance of Employee-Invention and IP Agreements

April 17, 2014
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These agreements are usually part of a larger confidentiality agreement, or non-competition agreement, but also can be standalone. The point is to avoid any dispute over who created what.
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Has Workplace Drug Testing Gone to Pot With Legalized Marijuana?

April 9, 2014
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Until the courts sort these issues out, prudent employers should tread carefully and consult with their employment counsel before disciplining or firing any employees who are using legally prescribed marijuana away from work.
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Legal Briefing: FMLA for a Vacay Might Be OK

April 9, 2014
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An employee may be eligible for FMLA leave to care for a family member with a serious health condition even when not obtaining medical treatment.
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Legal Briefing: Decision on 'Transitory' Disabilities

April 9, 2014
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An employee may have an ADA-covered disability, even if the impairment is transitory or episodic in nature.
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The EEOC Gets Extreme With CVS Lawsuit

April 8, 2014
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What does one make of a recent lawsuit filed by the EEOC against CVS, claiming that a severance agreement it provided to three employees unlawfully restricted their rights?
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General Motors: Too Late for a Culture Shift?

April 7, 2014
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GM President Mary Barra expressed regret over the Cobalt’s safety issues; she stated that GM is now moving from a culture of cost containment to a culture of safety. 


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