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Miscellaneous Legal Issues

Legal Briefing: NLRB Posting Rule and Employer Speech Rights

July 30, 2013
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The NLRB’s rule compelling employers to post notices of worker rights oversteps the NLRB’s rule-making authority.
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Legal Briefing: Worker With Multiple Seizures Not Qualified for Job Under ADA

July 30, 2013
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Although an employer is required to engage in an interactive with an employee to determine if a reasonable accommodation exists, the employee must still be able to perform the essential functions of the job to retain the protections of the ADA.
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Employers Shouldn't Rely on Immigration Reform to Address High-Tech Skills Gap

June 28, 2013
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While I think it's important to increase the amount of H-1B visas to stay economically competitive with the rest of the world, I also believe this skills gap was in some way created by U.S. employers.
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DOMA Ruling Puts Gay Couples on Equal Benefits Footing

June 26, 2013
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Now that the Defense of Marriage Act is defunct, employers will be able to provide equal benefits packages for all employees.
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Clarity on Affirmative Action Case Will Have to Wait

June 25, 2013
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The Supreme Court sent back Fisher v. University of Texas to the lower courts June 24, meaning it could be a while before this case carries any serious implications for affirmative action programs.
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What's Cooking in Savannah: Paula Deen in the Fire

June 24, 2013
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The real issue, which hasn't been clearly determined, at least publicly, is what Ms. Deen actually said, what she did, and when her actions took place.
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Fox Searchlight Case Confirms That Unpaid Interns are a Dying Breed

June 17, 2013
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Last week two former interns sued Condé Nast for unpaid wages. I think it's fair to say that the sun in quickly setting on the use of unpaid internships in corporate America.
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GOP Senator Backs Senate's Bipartisan Immigration Reform Bill

June 11, 2013
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With Sen. Kelly Ayotte endorsing a bipartisan immigration reform bill, the proposed legislation appears likely to pass the Senate. However, the real test for the bill will be the House of Representatives, where it will face stiff GOP opposition.
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Immigration Reform Dealt a Setback as Talks Hit Impasse

June 7, 2013
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Congressman's departure from the House committee in charge of immigration reform leaves the future of the reform bill uncertain.
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High Court Affirmative Action Case Could Have Workplace Implications

June 5, 2013
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The forthcoming ruling from the Supreme Court on Fisher v. University of Texas is unpredictable and carries the potential to negatively affect the legality of affirmative action.
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