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

Arizonas Immigration Sanctions Law Affirmed

November 5, 2008
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Employers should continue to monitor state and local regulations, as they impose legal obligations with regard to requirements to confirm the work status of work applicants and employees.
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ADA Amendment Act of 2008

October 16, 2008
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The ADA Amendments Act effectively resets our understanding of how employers and employees can best work together to address employees’ disability-related requests for accommodation.
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Re-Employment Rights And USERRA

October 14, 2008
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Protections under USERRA extend to employees who have left military service under “honorable conditions,” make a timely request for reinstatement and provide the employer with a signed authorization allowing access to the employee’s military and medical records.
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Firing for Failure to Submit FMLA Forms

October 14, 2008
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Under the FMLA, an employer is entitled to require an employee to submit medical certification and other verification of the employee’s need or continued need for FMLA leave, including intermittent leave.
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Head Scarf Comments Are Direct Evidence of Discrimination

September 30, 2008
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An employer's derogatory comments about an employee's religious clothing may provide direct evidence that its refusal to promote was prompted by the employee’s religious beliefs.
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Gun Possession and Employer Rights Under State Laws

September 1, 2008
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Several states have laws that protect the right of individuals to possess guns at work. In this case—at least in Florida—employers are advised to follow an unofficial “don’t ask, don’t tell” policy concerning whether an employee has a gun in a locked vehicle at work.
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Challenge to Non-Compete Agreement Upheld

September 1, 2008
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Under California law, an employer’s refusal to release an employee from an invalid noncompete agreement provides an employee with a claim for intentional interference with prospects for a job with another company. Employers should consult applicable state and local laws when considering noncompete agreements under any circumstances.
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Policies and FMLA Rights For Ineligible Employee

August 15, 2008
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A company handbook can create a contractual relationship or, in the alternative, the enforcement of a promise made in the handbook that the employee has relied on to his detriment. As such, courts have barred employers from asserting the defense of FMLA ineligibility.
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Privacy Rights in Text Messages

August 15, 2008
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Employers wishing to access employees’ electronic communications need to verify that the access does not violate applicable statutes, and that the employee (and recipients of employee communications) do not have a reasonable expectation of privacy.
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