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Articles by James E. Hall, Mark T. Kobata and Marty Denis

Hiring Ban After Failed Drug Test and the ADA

June 5, 2011
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A rule that bars hiring or rehiring employees who have tested positive for drugs, even if it affects an employee who may otherwise be protected under the ADA or similar state statutes, does not violate those acts.
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Employer Liable Under USERRA in 'Cats' Paw' Ruling

May 14, 2011
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Employers should be careful to investigate anti-discrimination claims, rather than simply relying on supervisor’s input, to avoid ‘cat’s paw’ liability.
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Training Cost Repayment Policy Approved

January 21, 2011
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Training repayment policies may be permissible under the FLSA as long as employees are paid at least the minimum wage for all hours worked in their final workweek.
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ADA Accommodations Cases

January 20, 2011
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Employers must not only engage in the interactive process, whereby an employer engages in a dialogue with the employee to find a reasonable accommodation, but also must ensure that such accommodations are fully implemented in a timely manner.
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Reporters Not Exempt From FLSA Overtime Requirements

December 15, 2010
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Employers should carefully review overtime pay exemptions found in the federal and state overtime laws because incorrect classifications may result in substantial liability not only under those laws, but also under related state laws involving unlawful business acts or practices.
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Successor Liability Under Family and Medical Leave Act

December 5, 2010
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An individual who has worked for an employer for less than 12 months may still be eligible for FMLA protection if that company is considered a successor in interest to the employee's former employer and the employee's combined length of service for both employers is 12 months or more.
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Disabilities Protections Expanded

November 5, 2010
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Because of the ADA Amendments Act's more expansive definition of a 'disability,' employers should be aware that workers with cancer or other diseases that are inactive or in remission may still be considered disabled, in which case reasonable accommodations must be considered.
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Nursing Mothers Entitled to Reasonable Breaks

October 20, 2010
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Because break time requirements for nursing mothers do not pre-empt state laws that provide greater protections to employees, employers are advised to review the applicable state laws and to provide reasonable break time for nursing mothers to express milk in a private place.
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