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THE LATEST

  • Employee investigation tips

    Employee investigation tips

    | January 21, 2015 | Articles

    Employers investigate all sorts of odd or disturbing claims. Knowing how to properly investigate these claims is critical. A recent case from the Tenth Circuit Court of Appeals put this on full display. Student teacher fired Carlos Bassatt was a student teacher at West High School in Denver, Colorado. One day a co-worker, Maria Iams, […]

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The need for actual medical evidence in disability cases

The need for actual medical evidence in disability cases

| January 5, 2015 | Articles

Employers frequently call with concerns about employees who self disclose an alleged disabling condition that is not readily apparent, and who claim substantial limitations as a result. The employer’s concerns center on when their duty to accommodate kicks in. Although we caution employers to consider such employee statements seriously and to at least initially presume an obligation to consider reasonable accommodation, the law ultimately places the burden on the employee to produce actual medical evidence of a disability and its impact on major life activities, as opposed to the employee’s mere opinion.

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Secret Connections: LinkedIn contacts may be a trade secret

Secret Connections: LinkedIn contacts may be a trade secret

| December 29, 2014 | Articles

A California court recently determined that an employee’s LinkedIn contacts could be considered a “trade secret” in a case where the employee retained his contacts after he left the company and began a competing venture.

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<small><em><small><u>LABOR LAW ALERT</u></em><font color=white> » </font></small></small> <br />NLRB ruling on ‘ambush’ elections  poses real threat to non-unionized workplaces

LABOR LAW ALERT »
NLRB ruling on ‘ambush’ elections poses real threat to non-unionized workplaces

| December 18, 2014 | Law Alerts/Updates

The National Labor Relations Board last week issued its new rule for union organization elections. The new rule makes several changes, most significantly shortening the time frame for conducting a union election, requiring the employer to provide employee email addresses and phone numbers to unions within two business days…

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<small><em><small><u>LABOR LAW ALERT</u></em><font color=white> » </font></small></small> <br />Labor Board ruling has far-reaching impact on employers and workplace policies

LABOR LAW ALERT »
Labor Board ruling has far-reaching impact on employers and workplace policies

| December 16, 2014 | Law Alerts/Updates

Late last week, the National Labor Relations Board changed the rules on employee use of the employer’s email systems for labor organizing. The Labor Board’s new rule is that employee use of email for union-related communications on nonworking time must “presumptively” be permitted by employers who allow employees access to the employer’s email systems.

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<small><em><small><u>WEBINAR</u></em><font color=white> » </font></small></small> <br />Let’s talk: Engaging disabled employees in the ADA’s interactive process

WEBINAR »
Let’s talk: Engaging disabled employees in the ADA’s interactive process

| December 11, 2014 | Webinars & Seminars

When the Equal Employment Opportunity Commission released its latest regulations regarding the Americans with Disabilities Act, they made it clear that employers should be less concerned with determining which employee impairments qualify as a disability and, instead, focus their efforts on trying to provide reasonable accommodations so that employees can continue performing their essential job functions.

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Despite settlement, EEOC continues and expands discrimination investigation

Despite settlement, EEOC continues and expands discrimination investigation

| November 24, 2014 | Articles

At this point, employers have become all too familiar with the new, aggressive enforcement agenda of the Equal Employment Opportunity Commission. The agency’s systemic initiative to root out alleged discriminatory employment practices has been well-publicized, and there are no signs that those efforts will be eased anytime soon. But the increase in such investigations has […]

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Asking about religion accommodations

Asking about religion accommodations

| November 19, 2014 | Articles

An employer’s obligation to raise the issue of potential accommodations for religious discrimination under Title VII will soon receive clarification, as the U.S. Supreme Court is set to hear E.E.O.C. v. Abercrombie & Fitch Stores, Inc. this term. The case arises from a hiring decision made at the Abercrombie Kids store in Woodland Hills Mall […]

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Care for parent leads to firing

Care for parent leads to firing

| November 11, 2014 | Articles

Can an employer terminate an employee out of a belief that the employee is too distracted from his job duties due to caring for a relative with a disability? That was the issue in the recent case, in which an employee who was occasionally late to work due to caring for his ailing father successfully pursued a distraction claim for associational discrimination.

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