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

Appeals Court Rules Against Independent Contractor

October 19, 2010
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Employers are advised to carefully evaluate applicable legal standards to determine whether a particular worker is an independent contractor or employee.
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Agency's Refusal to Refer Muslim for Job

June 23, 2010
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A Muslim employee who was told she couldn't wear her headscarf at work because headwear and loose-fitting clothing on the plant floor were prohibited for safety reasons alleged religious bias.
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Employees and E-Mail Privacy Rights

June 18, 2010
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Employers are advised to review their electronic communications policies and ensure that such policies clearly communicate the employer’s rules and expectations involving company e-mail and personal password-protected e-mail.
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Religious Discrimination Claim Fails

May 13, 2010
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When requested, employers must consider making reasonable accommodations for an employee to observe religious beliefs, unless the accommodation would cause the employer to suffer an undue hardship.
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FLSA Retaliation for Complaint to State Agency

May 7, 2010
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Firing an employee who has made any complaint about wages or overtime pay could subject the employer to liability for retaliation under the FLSA’s complaint clause as well as applicable state law.
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'Kin Care' Law and Uncapped Sick Leave

April 9, 2010
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Employers are advised to review applicable state law that may afford employees the opportunity to use sick leave and other benefits to care for family members.
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Overtime Pay Exemption Considered

March 9, 2010
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Careful review of job descriptions, together with review of applicable state and federal overtime exemptions, is necessary to make informed decisions about overtime pay obligations.
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Worker Said to Lack 'Prettiness' for the Job

March 4, 2010
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Employers are advised that stereotypes as to how men or women should look or act create a basis for challenging adverse employment decisions. It is recommended that employers include in routine harassment and other training for managers the issue of potential liability and the increase of litigation over this issue.
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