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Miscellaneous Legal Issues

Legal Briefing: Fair Warning on WARN Act

February 12, 2014
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Separate organizations can be held to be a single employer under the WARN Act if the entities are not sufficiently distinct from one another.
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Legal Briefing: Comment Key to Discrimination Case

February 11, 2014
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Employers must ensure managers are sensitized about the issues of responding to questions about decisions by employees to avoid the appearance of improper motive.
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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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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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