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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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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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Federal Court Says 'Black Swan' Interns Should Have Been Paid

June 14, 2013
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A federal court ruled in favor of the plaintiffs, who were unpaid interns for Fox Searchlight Inc. during the company's production of the film 'Black Swan,' deciding they should have been paid for their services.
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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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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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