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Legal Compliance

Legal Briefing: Discrimination as a Substantial Motivating Factor

March 8, 2013
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Wynona Harris, a bus driver employed by the city of Santa Monica, California, was fired on the same day she submitted a doctor's note to her supervisor stating that she could continue working through her pregnancy with limited restrictions. Harris sued, alleging pregnancy discrimination in violation of California's Fair Employment and Housing Act.
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New FMLA Forms and Posters Coming Next Week

February 28, 2013
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The U.S. Department of Labor recently issued new FMLA regulations. The substance of these new regulations, which go into place March 8, relate to the FMLA's military leave provisions and airline flight crew personnel.
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Religious Objections to Health Care Requirements

February 22, 2013
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Sakile Chenzira sued her employer, claiming she was discriminated against because of her religious beliefs in veganism. The U.S. district court ruled that veganism could be considered a “religious practice” and that Chenzira may have a plausible bias claim against the hospital.
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U.S. Labor Department Seeks Clamp Down on Union Activity Advice

February 20, 2013
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In June 2011, the Labor Department dropped a bombshell, proposing that the advice exception be substantially narrowed because the broad reading of the exception had resulted in the 'underreporting' of persuader activity.
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Obsessing (Compulsively) Over Reasonable Accommodations

February 19, 2013
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You need to have a dialogue with an employee about reasonable accommodations. Without opening the channels of communication, you will never know what is feasible. More importantly, without the dialogue, you probably have not satisfied your obligations under the ADA.
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FMLA Compliance Is Not as Easy as the Labor Department Says

February 12, 2013
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What do these results mean? It means that either the Labor Department found the only sample of employers in the country who have no issues managing FMLA compliance, or the Labor Department put so much spin on its survey results that its conclusions are not credible.
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Labor Department: Employers Find It Easy to Comply With the FMLA. What?!?!

February 5, 2013
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Either the Labor Department found the only 1,649 employers (91 percent of the 1,812 worksites surveyed) who “find it easy to comply with” the FMLA, the Labor Department is putting some major spin on its survey results, or my read on FMLA administration is way off.
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Are Employers Screwing Up the FLSA's Lactation Mandate? Probably Not.

January 30, 2013
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A little more than a year ago I pointed out that the Labor Department had only cited 23 companies, or 0.023 percent of all companies with 100 or more employees, with inadequate lactation accommodation. Now, with an additional six months of data, the number of citations has jumped by 13, from 23 to 36.
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Say It Ain't So: Court Holds an Employer Does Not Have to Accommodate a Pregnant Employee

January 17, 2013
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Handling accommodation requests by pregnant employees is a thorny area of the law. My recommendation is instead of trying to sort through these issues for yourself, you contact your employment counsel before denying an accommodation request made a pregnant employee.
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Can You Hear Me Now? Employer Cannot Reject Disabled Employee Without Individualized Inquiry of the Ability to Do the Job

January 15, 2013
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If your failing to engage in this individualized inquiry, it will look like you are making the employment decision based on stereotypes and generalizations, which the Americans with Disabilities Act is supposed to rid from the workplace. That perception will not bode well for your defense of an ADA lawsuit.
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