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The Practical Employer

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Helping employers navigate the complicated and ever-changing world of employment and labor laws, rules, and regulations, rationally and pragmatically.

Medical Marijuana and the Americans With Disabilities Act

December 9, 2013
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The handling of employees taking legal prescription medications is highly fact sensitive and legally nuanced.
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Yuletide Confessions

December 6, 2013
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Pick your poison: Merry Christmas, Happy (belated) Hanukkah, Happy Kwanzaa, or Happy Holidays. Whichever you choose, have a joy-filled December.
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When an Extended Leave of Absence is NOT a Reasonable Accommodation

December 5, 2013
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If you are planning on denying an unpaid leave as a reasonable accommodation, understand that these terminations are risky and will draw scrutiny from the EEOC.
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Fifth Circuit Upholds Legality of Class Action Arbitration Waivers

December 4, 2013
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Class action waivers are legal, so long as employees cannot reasonably read them to restrict their right to file unfair labor practice charges with the NLRB.
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Don’t be a Jughead by Thinking That White Men Aren’t a Protected Class

December 3, 2013
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Title VII does not just protect minorities from discrimination. It protects all employees from discrimination.
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Sometimes Employees Get What They Deserve

December 2, 2013
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It’s okay to fire someone, as long as you’re not motivated by an illegal reason. Don’t feel bad for the poor employee who has’t worked out.


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Social Media Background Checks as Discrimination

November 25, 2013
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Train an employee who is insulated from the hiring process to do your social media searches, scrub all protected information, and provide a sanitized report to those responsible for making the hiring decision.


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The Practical Employer: The Thankful Edition

November 22, 2013
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Jon Hyman shares what he's thankful for. In addition to life's important things, he's grateful for his readers.


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Are Graduate Assistants Employees or Students?

November 21, 2013
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The status of a graduate assistant must be analyzed based on the 'economic realities' of each individual.


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The Email Curfew for Wage-and-Hour Compliance

November 20, 2013
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How do you prevent employees from claiming overtime wages for the off-the-clock time they spend receiving, reading, and sending work-related emails? Maybe an email curfew is the answer.


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