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Miscellaneous Legal Issues

The Expanded Definition of Disability

February 9, 2014
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The EEOC’s move to broaden the number of people who may be entitled to ADA protections could increase an employer’s risk of a lawsuit.
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Avoiding the ‘Bermuda Triangle’ of Employment Law

February 4, 2014
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The so-called “Bermuda Triangle” of employment law is: workers’ compensation, the Family and Medical Leave Act, and the Americans with Disabilities Act.
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Why I Don't Like Most Non-Disparagement Clauses (and 3 Tips to Fix Them)

January 22, 2014
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Non-disparagement clauses are ripe for sloppy and vague drafting, which can result in parties ending up where they wanted to avoid — the courthouse.
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Receiving a Requested Transfer as an Adverse Employment Action

January 15, 2014
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Is a transfer to the very same position, for which, just nine months earlier, an employee had applied, an 'adverse employment action' sufficient to support a claim of discrimination? Amazingly, the 6th Circuit answered, 'Yes.'
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Workplace-Related Class-Action Lawsuits Still Hinge on Wal-Mart Case: Report

January 7, 2014
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The 2011 ruling of Wal-Mart Stores Inc. v. Dukes continued to have a wide-ranging impact on virtually all class actions pending in federal and state courts throughout the country in 2013 cases.


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Legal Briefing: Guidance on Home Work and Leaves of Absence

January 7, 2014
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Employers should remain informed with applicable state laws and regulations for distinctions of how employers are required to make a reasonable attempt to accommodate employees with disabilities.
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Legal Briefing: Knives as Religious Symbols

January 7, 2014
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Employers are advised that they may be required to accommodate employees’ religious beliefs, and that their efforts to do so should be carefully reviewed.
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The Benefits of a Post-Windsor World

January 5, 2014
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The Supreme Court’s decision in United States v. Windsor has made it necessary for employers to re-evaluate their harassment policies.
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Don’t Leave ‘Leave’ to Chance

January 5, 2014
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If the ADA now covers most employees’ medical issues, and the ADA requires an unpaid leave of absence, hasn’t the ADA swallowed the FMLA, at least as employee medical leaves are concerned?
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Legal Briefing: For-Profit Corporation Rights Under the ACA

December 13, 2013
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One company was unable to escape the Affordable Care Act’s mandated coverage for contraception.
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