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

Companys Deposition Questions of Employee Violated NLRA

March 6, 2009
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Activity protected under Section 7 of the National Labor Relations Act extends beyond questioning by the employer of the employee at work. The National Labor Relations Board’s holding in this case appears to broaden the NLRA’s protections to any questioning by the employer of the employee’s union activities, regardless of context.
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U.S. Supreme Court Clarifies Anti-Retaliation Rules

February 27, 2009
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Title VII covers an employee’s report of discrimination, whether on his own accord or in response to the employer’s internal investigation of such matters.
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No 'Bona Fide Termination' of H-1B Worker

January 21, 2009
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When sponsoring an H-1B visa, employers should contact U.S. Citizenship and Immigration Services and inform it of any changes in the employment relationship, or the employer will be liable for the employee’s wages for the duration of the visa.
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New Laws Apply to Employer Health Care Plans

January 21, 2009
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Plan sponsors should review their plans to ensure appropriate mental health and substance abuse benefits are available, and that limitations imposed on mental health, substance abuse, medical and hospital benefits are the same.
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FMLA Amendments Add Military Family Leave

December 19, 2008
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Employers are advised to consult the new regulations’ entitlements and notice requirements. An employer may now be liable when it fails to follow the notification rules and the employee is caused harm as a result of this failure.
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Mortgage Underwriter Exempt from Overtime

December 12, 2008
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Exempt status will be denied only if there is either an actual practice of making deductions for quality or quantity of work, or a clear policy effectively communicating that deductions will be made in specified circumstances.
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NLRB Issues Memo on Mitigating Back-Pay

November 21, 2008
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Employers retain the ultimate burden of proof in showing a lack of diligence on the employee’s part in looking for work. To prove an employee’s failure to mitigate back-pay damages, an employer must show that substantially equivalent jobs were available in the relevant geographic area during the relevant period.
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No ERISA Preemption of San Francisco Health Care Law

November 11, 2008
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As the issue of health care coverage and availability continues, employers should anticipate further efforts by state and local governments to mandate such coverage.
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