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Legal Compliance

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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Staged RIFs Qualify for Heightened Protection From Age Discrimination

April 23, 2013
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A reduction in force can occur in stages and over time. An employer can first retain key employees during a layoff and then layoff those key employees later when economic realities dictate their termination.
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NLRB Offers Further Guidance on Confidential Workplace Investigations

April 22, 2013
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I believe that the NLRB fails to understand the importance of confidentiality in workplace investigations, and further fails to understand the realities of how workplace investigations work.
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Bald Is Beautiful … Unless You're a Hooters Waitress After Brain Surgery

April 10, 2013
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The insensitivity of Hooters's reaction to this situation is easy to spot. Just because Hooters acted insensitively, however, does not mean that it acted illegally. Indeed, whether the wig requirement discriminated against Sandra Lupo is a tricky question.
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Can You Hear Me Now? Unilateral Deafness Is Not an ADA Disability

April 3, 2013
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This case is significant because it proves the exception—that a subset of diagnosed medical conditions exists that does not qualify as an ADA-protected disability.
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