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Legal Compliance

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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What Isn't a Reasonable Accommodation?

January 9, 2013
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Just because a disabled employee asks for an accommodation does not mean that you have to grant the request.
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Employers Must See Big Picture Around 'De Minimis' Time

December 19, 2012
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There are several traps an employer can fall into with regard to accurately recording the time that an employee actually works.
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Does an Unaccepted Offer of Judgment Moot a Wage-and-Hour Case? Genesis HealthCare Corp. vs. Symczyk

December 4, 2012
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The outcome of this case is difficult to gauge based on the oral argument, because both potential sides of the court attacked the underlying issues so differently.
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IHOP Franchisee Settles EEOC Sex Discrimination Lawsuit for $1 Million

November 13, 2012
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After complaints were made about Lee Broadnax's behavior, IHOP failed to take reasonable measures to prevent and promptly correct sexual harassment allegations, according to court documents.
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Gender Discrimination Class Expanded in Lawsuit Against Forest Pharmaceuticals

November 6, 2012
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The four original plaintiffs were all Pennsylvania residents. The newly named plaintiffs are in California, Illinois, Kentucky and Pennsylvania. All are current or former Forest sales representatives.
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EEOC Settles with Mining Firm Over ADA Violations

October 23, 2012
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The Equal Employment Opportunity Commission said Rocky Davis, who has profound hearing loss, had asked Birmingham, Alabama-based Jim Walter Resources, a unit of Walter Energy Inc., to accommodate him and assign him to another location, but the firm failed to honor his request.
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New Pregnancy Discrimination Legislation is Unneeded, Redux

October 5, 2012
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We do not need legislation to duplicate rights that already exist. If employers are not granting these rights, and pregnant workers are not receiving the accommodations they need and are requesting, then pregnant workers should be filing discrimination lawsuits.
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