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Legal Compliance

Medical Marijuana and the Americans With Disabilities Act

December 9, 2013
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The handling of employees taking legal prescription medications is highly fact sensitive and legally nuanced.
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When an Extended Leave of Absence is NOT a Reasonable Accommodation

December 5, 2013
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If you are planning on denying an unpaid leave as a reasonable accommodation, understand that these terminations are risky and will draw scrutiny from the EEOC.
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Fifth Circuit Upholds Legality of Class Action Arbitration Waivers

December 4, 2013
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Class action waivers are legal, so long as employees cannot reasonably read them to restrict their right to file unfair labor practice charges with the NLRB.
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Don’t be a Jughead by Thinking That White Men Aren’t a Protected Class

December 3, 2013
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Title VII does not just protect minorities from discrimination. It protects all employees from discrimination.
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Social Media Background Checks as Discrimination

November 25, 2013
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Train an employee who is insulated from the hiring process to do your social media searches, scrub all protected information, and provide a sanitized report to those responsible for making the hiring decision.


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EEOC Tackles National-Origin Discrimination

November 19, 2013
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Understand and pay attention to these issues of national-origin discrimination, if for no other reason than the fact that the EEOC is watching.


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Respond Appropriately When the Boss Is Accused of Unlawful Acts #RobFord

November 18, 2013
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How you choose publicly to respond to allegations is open to cross-examination in later depositions and at trial.


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SpongeBob SquarePants, Employment Law Professor

November 12, 2013
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Bravo to Eugene Krabs for bringing the plight of the unpaid intern to the forefront of pop culture. Employees are not allowed to volunteer their time or work for free.
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Clothes Make the Man, and the Wage-and-Hour Lawsuit

November 11, 2013
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Look for the Court to craft a rule that any gear, whether typically worn as clothing or not, is compensable 'protective gear' if it’s intended use is for protection for the specific needs of the job in question.
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NLRB Upholds Workplace Ban on Recording Devices

November 7, 2013
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This case offers hope to employers that there exists a more reasonable analysis of the application of Section 7 rights to workplace policies other than suggested by the Board’s recent actions.


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