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Legal Compliance

Tackling Offensive Conduct — Inside and Out of the Locker Room

February 20, 2014
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What’s striking is that the behaviors identified in the Richie Incognito/Miami Dolphins report are comparable to what has occurred in law firms, accounting practices, health care institutions and academia.


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OSHA Protects Employees From Retaliation for Reporting Injuries?

February 20, 2014
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The Labor Department is watching this issue. These types of claims are increasing, and you take a risk of a retaliation claim if you terminate an employee who reported a workplace injury.
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Does Inevitable Disclosure Protect Your Company’s Trade Secrets? It Depends.

February 14, 2014
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The issue boils down to whether your state’s trade-secrets law prohibits threatened misappropriation of trade secrets in addition to actual misappropriation.
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A Proposed Solution for the EEOC’s Position on Retaliation in Severance Agreements

February 13, 2014
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Don’t shred your settlement and severance agreements just yet. Modify your agreements to bolster and clarify the protected-activity carve-out.
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EEOC Claims Retaliation Over Garden-Variety Severance Terms

February 12, 2014
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If the EEOC is successful in this lawsuit, employers will have to reconsider key provisions in their severance and settlement agreements.
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Another One Bites the Dust: NLRB Invalidates Confidentiality Policy

February 11, 2014
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Limiting discussion of trade secrets and other confidential, proprietary information is fine. Wages and other terms and conditions of employment, however, are off limits.
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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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Deterring the Wage-and-Hour Scofflaw

February 4, 2014
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Education on the FLSA, not stronger wage-and-hour laws, will help prevent wage theft issues.
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Is Regular Attendance an Essential Job Function? It Depends.

February 3, 2014
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As a court recently pointed out, regular attendance is important in any job. Important, however, does not always equate to essential.
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The Sandifer vs. U.S. Steel Decision

January 31, 2014
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The U.S. Supreme Court ruled that the time U.S. Steel employees spent putting on and taking off their protective gear is not compensable under their collective bargaining agreement.
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