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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.

Has Workplace Drug Testing Gone to Pot With Legalized Marijuana?

April 9, 2014
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Until the courts sort these issues out, prudent employers should tread carefully and consult with their employment counsel before disciplining or firing any employees who are using legally prescribed marijuana away from work.
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Differences of Opinion Show Why We Need ENDA

April 8, 2014
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A Title VII amendment is needed to make it absolutely clear that sexual-orientation discrimination is not only abhorrent, but is also illegal.
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The EEOC Gets Extreme With CVS Lawsuit

April 8, 2014
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What does one make of a recent lawsuit filed by the EEOC against CVS, claiming that a severance agreement it provided to three employees unlawfully restricted their rights?
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Workplace Gossip and the NLRB

April 7, 2014
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It’s okay to 'gossip' in the workplace, as long it’s not 'negative,' said the NLRB.
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If You Don't Want Anti-Bullying Legislation, Give Me a 'Hell Yeah!'

April 3, 2014
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The quickest way to ensure that generalized workplace bullying becomes illegal is for employers to continue to ignore it.


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The Wage-and-Hour Implications of the NLRB’s Northwestern Football Player Ruling

March 27, 2014
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If scholarship athletes are employees, then they are likely owed minimum wage and overtime. This case has huge implications beyond collective bargaining.
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'Motorboating' Equals a $567K Harassment Verdict

March 26, 2014
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Harassment is harassment, whether its a male-on-female, or female-on-male. As long as the harassment is 'because of sex,' it’s illegal.
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Please, Please, Please Be Careful What you Email

March 25, 2014
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Nothing good comes from putting statements like 'too bad he’s male' in emails, or text messages, or voice mails, or any other form of communication.
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It's Still Illegal Not to Hire Someone Because They Have HIV

March 24, 2014
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The Americans with Disabilities Act protects HIV as a disability.
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What a Slick Union-Avoidance Campaign Looks Like

March 20, 2014
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Understanding that union avoidance starts as soon as a job candidate walks in your door to apply for a job is the first step in honing the right strategy that will keep your company union free.
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