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

Legal Briefing: Migraines Produce Headache for Boeing

October 2, 2014
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An employer’s notice of an employee’s medical condition or disability can be direct evidence of FMLA violations or disability discrimination.
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Legal Briefing: Be Letter-Perfect on FMLA

October 2, 2014
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Employers should consider mailing all legally mandated letters via a method requiring acknowledgment of receipt to avoid disputes, such as certified mail.
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Legal Briefing: Contractors and Control

September 2, 2014
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Employers cannot avoid an employer-employee relationship with an individual simply by calling the individual an independent contractor. The right to control work details is controlling.
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Legal Briefing: The Housekeeper, The Cashier and Concerted Activity

September 1, 2014
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Employee complaints about another co-worker, when brought on behalf of other employees, can be considered protected activity under the National Labor Relations Act.
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Legal Briefing: Affordable Care Act Final Regulation

August 5, 2014
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With compliance beginning as early as January 2015, employers should determine their number of employees under the regulations to determine when compliance is necessary.
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Legal Briefing: Telecommuting as a Reasonable Accommodation

August 4, 2014
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Employers should not automatically rule out telecommuting options as reasonable accommodations under the ADA.
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Legal Briefing: Workers' Lips Can't be Sealed on Wages, Working Conditions

July 1, 2014
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Employers cannot maintain employee confidentiality rules that prohibit the discussion of personnel information involving wages and other working conditions.
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Legal Briefings: For Severance Pay, Companies Have to Pay Taxes

July 1, 2014
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Employers paying terminated employees under a severance plan may be required to pay and withhold FICA taxes.
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Legal Briefing: Fair Warning on WARN Act

February 12, 2014
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Separate organizations can be held to be a single employer under the WARN Act if the entities are not sufficiently distinct from one another.
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Legal Briefing: Comment Key to Discrimination Case

February 11, 2014
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Employers must ensure managers are sensitized about the issues of responding to questions about decisions by employees to avoid the appearance of improper motive.
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