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<small><small><em><u>NATIONAL LABOR RELATIONS BOARD</u></em><font color=white> » </font></small></small> <br />Courteous, professional workplace policy outlawed

Courteous, professional workplace policy outlawed

| April 14, 2014 | Articles

In recent months, some of the National Labor Relations Board’s intentions have become obvious. First, the NLRB plans on devoting considerable attention and resources towards non-union employees and employers. Next, the NLRB will aggressively challenge employers who it believes improperly attempt to manage workforce conduct. Two back-to-back NLRB rulings graphically illustrate the agency’s path for […]

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<small><small><em><u>EMPLOYMENT MEDICAL EXAMS</u></em><font color=white> » </font></small></small> <br />Passing a DOT medical exam is a ‘marginal function’ of the job?

Passing a DOT medical exam is a ‘marginal function’ of the job?

| April 10, 2014 | Articles

In a recent opinion by the Eleventh Circuit Court of Appeals involving a Type-1 insulin-dependent diabetic, the court found that passing a Department of Transportation medical examination was an impermissible “qualification standard” under the Americans with Disabilities Act. Are you scratching your heads? Here’s the court’s logic.

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<small><small><em><u>EMPLOYEE BENEFITS LAW UPDATE</u></em><font color=white> » </font></small></small> <br />Post-DOMA, IRS and CMS issue further guidance regarding same-sex spouses

Post-DOMA, IRS and CMS issue further guidance regarding same-sex spouses

| April 8, 2014 | Law Alerts/Updates

Last September, three months after the U.S. Supreme Court issued its landmark decision in United States v. Windsor, the IRS issued some much-anticipated guidance regarding the treatment of same-sex spouses. For employers who sponsor qualified retirement plans (e.g., a 401(k) plan), one of the most significant ramifications was the requirement that such plans recognize a […]

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<small><small><em><u>RETALIATION</u></em><font color=white> » </font></small></small> <br />Message to Employers: Stick to your story

Message to Employers: Stick to your story

| March 31, 2014 | Articles

A decision by a federal court in Oklahoma City reminds employers that when terminating an employee for a legitimate business reason, an employer does not need to sweeten the pot with additional reasons for termination – especially when the additional reasons may be interpreted as being inconsistent.

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<small><small><em><u>LABOR RELATIONS</u></em><font color=white> » </font></small></small> <br />Has unionized college football arrived?

Has unionized college football arrived?

| March 27, 2014 | Articles, News & Comment

Were the Doors thinking about the prospect of unionized college football when they wrote and performed “The End”? That’s how many of us felt when the NLRB ruled that Northwestern University football players could form a union. Now that the shock and awe has faded, what should we expect for the future?

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<small><small><em><u>EMPLOYMENT LAW ALERT</u></em><font color=white> » </font></small></small> <br />SCOTUS: Severance payments <i>are</i> taxable

SCOTUS: Severance payments are taxable

| March 26, 2014 | Law Alerts/Updates

In the words of noted American statesman Benjamin Franklin, “in this world nothing can be said to be certain, except death and taxes.” Given Franklin’s thoughts, yesterday’s decision by the U.S. Supreme Court in the case of United States v. Quality Stores, Inc., probably would have come as no surprise. In that case, the court […]

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<small><small><em><u>EMPLOYER LIABILITY</u></em><font color=white> » </font></small></small> <br />Policing the workplace: Are you my supervisor?

Policing the workplace: Are you my supervisor?

| March 25, 2014 | Articles

A recent Tenth Circuit Court of Appeals case involving the rape of an employee by her superior clarifies the Tenth Circuit’s case law on when an individual is considered a “supervisor,” and also provides a cautionary tale for employers regarding taking adequate steps to prevent and correct sexual harassment.

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<small><small><em><u>FAIR LABOR STANDARDS ACT</u></em><font color=white> » </font></small></small> <br />A closer look at the expansion of overtime

A closer look at the expansion of overtime

| March 20, 2014 | Articles

Last week’s announcement by President Obama of a planned increase to the number of employees who would be entitled to receive overtime pay set off a barrage of reactions. The new rules would allow some “executive” or “administrative” salaried employees to be eligible for overtime pay.

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