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EEOC Files Historic, Challenges Biometric Testing by Employers

October 30, 2014
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Although Obamacare allows employers to conduct biometric tests, the EEOC says such tests violate the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act.
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Exempt or Non-Exempt: The Risk of Misclassifying Employees

October 29, 2014
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No matter how reasonable or rational you think you are being in classifying employees, a court may second-guess you down the road.
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The Times are Changing for LGBT Discrimination

October 28, 2014
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Employers can, and should, adopt progressive anti-discrimination policies that make it clear they embrace inclusion for all employees, even if Title VII still permits discrimination against some.
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'Honest belief' Isn’t a Defense to an FMLA Claim, Says Federal Court

October 24, 2014
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An 'honest belief' will not save an employer who denies an employee’s FMLA request without first exhausting all available avenues of communication and clarification with the employee.
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'He Liked Breasts' Is Never an Appropriate Response to a Harassment Complaint

October 23, 2014
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What is an appropriate response? Here are 10 steps to follow if you receive a harassment complaint from an employee.
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Cop Caught Sleeping on the Job Awarded $1M in ADA Lawsuit

October 21, 2014
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Unless an employee is absolutely unable to perform the essential functions of the job with (or without) reasonable accommodations, a medical diagnosis should never come into play as a reason for termination.
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Internet Use and Addiction as a Disability

October 20, 2014
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The more the Internet becomes entrenched in our lives, the greater the likelihood that employees will begin embracing ideas such as Internet addiction as a disability and the need for employers to consider and provide reasonable accommodations.
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An Italian Club With Hot Peppers ... and a Noncompete?

October 15, 2014
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It’s one thing to bind your managers and other high-level employees to a noncompetition agreement. It’s another to require the same of your low-level sandwich makers and cash-register operators.
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Do Personality Tests Pass the ADA-Compliance Test?

October 14, 2014
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If you are considering using personality tests to screen applicants or current employees, tread carefully and not without the input of your employment counsel.
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Supreme Court Weighs Issue of Compensation for Post-Shift Security Checks

October 9, 2014
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This case will hinge on whether the security screenings are key to the nature of the employment.
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