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Legal Compliance

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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Patriots Cutting Diabetic Player Raises Serious ADA Issues

May 16, 2013
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It is an understatement to characterize this termination—undertaken without any apparent consideration of whether the team could accommodate the diabetes—as high risk. It would not surprise me in the least if, given the high profile nature of this employment decision, the EEOC takes up Kyle Love's cause to further its mission of disability-rights awareness.
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Employee vs. Independent Contractor: Do You Know the Difference?

May 15, 2013
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Employers owe contractors far fewer obligations than employees. Employers take a risk when they classify someone performing services for them as an independent contractor instead of an employee.
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How Much Does it Cost to Defend an Employment Lawsuit?

May 14, 2013
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Defending a case through discovery and a ruling on a motion for summary judgment can cost an employer between $75,000 and $125,000. If an employer loses summary judgment (which, much more often than not, is the case), the employer can expect to spend a total of $175,000 to $250,000 to take a case to a jury verdict at trial.
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Legal Briefing: Poor Business Judgment Not Proof of Age Bias

May 10, 2013
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For six years, Frank Woodward was a director of sales at Emulex Corp. Woodward, who worked remotely in Massachusetts, had an excellent performance record, but because of a series of Emulex decisions, Woodward’s sales significantly declined by 2009. In response, Emulex eliminated the jobs held by Woodward and his two assistants and terminated Woodward.
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Legal Briefing: Collective-Action Claims Defeated by Employer Offer

May 10, 2013
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Laura Symczyk filed a lawsuit against her employer, Genesis HealthCare Corp., alleging that Genesis violated the Fair Labor Standards Act by automatically deducting pay for a 30-minute lunch break even if the employee worked during that time.
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Debunking Myths of a Pro-Business Supreme Court

May 9, 2013
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There are still two key employment cases pending this term. These two rulings will help determine this Supreme Court's developing legacy as either pro-individual or pro-business in deciding employment cases.
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Taking Issue With the Term 'Wage Theft'

May 7, 2013
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Yes, we have a wage-and-hour problem in this country. Wage-and-hour non-compliance, however, is a sin of omission, not a sin of commission. Employers aren't intentionally stealing; they just don't know any better.
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‘Gaining My Religion’: U.S. Courts Could Give Lifestyle Choices Saintly Status

May 2, 2013
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If federal courts did expand their definition of protected religious practice in the workplace, this would lead to a quandary for many employers. After all, state and federal laws on the subject can be substantially different.
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