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Blog

Fictional Mailbag: Is An Employer-Provided Placebo A Reasonable Accommodation Or An ADA Violation?
July 26, 2017
The letters in the (fictional) mailbag never fail to surprise the staff at The Bullard Edge.  Today’s letter does not disappoint.  Tee Rickey, the HR Manager of a local company, asks a question about reasonable accommodation for an employee with a mental disability.
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Arbitrator Must Rule on Independent Contractor Status of Uber Drivers in Class-Action Notwithstanding NLRA Bar to Class Action Waivers
July 25, 2017
Last week, a U.S. District Court Judge in Illinois ruled that an arbitration agreement signed by an Uber driver required arbitration on the issue of whether Uber drivers are employees or independent contractors before the driver could proceed with a wage and hour class action lawsuit against Uber.
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USCIS Reinstates Premium Processing Option for H-1Bs for Certain Nonprofit and Educational Institution Petitioners
July 25, 2017
U.S. Citizenship and Immigration Services (USCIS) announced yesterday that it will now accept requests for premium processing services for H-1B petitions filed by petitioning employers that fit into any of the following categories:
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SCOTUS Issues Decision Expanding Qualifying Relationships for Exemption from Revised Travel Ban
July 24, 2017
On July 17, the U.S. Supreme Court issued a decision clarifying the application of its June 26 ruling reinstating the revised travel ban that now blocks entry to the U.S. for certain applicants from Yemen, Sudan, Somalia, Syria, Libya, and Iran.
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The NLRB Thinks High School Sports Referees Can Unionize
July 20, 2017
I became the commissioner of my daughter’s county basketball league when she was nine.  No one else would “step up.”  The prior year, a player had slapped another player in the handshake line at the end of a game in retribution for rough play (by an 8-year-old girl!) and no game commissioner was there to intervene.
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Medical Marijuana Usage May Require Accommodations
July 19, 2017
Employers are well aware that many states have adopted laws permitting the use of marijuana for medicinal purposes, and sometimes without demonstrating medicinal need. Since these laws were enacted, a variety of cases have been percolating in the courts relating to these statutes, some of which allege claims against employers who have enforced policies relating to drug testing and drug use at work.
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New I-9 Form Takes Effect September 18, 2017
July 18, 2017
On July 17, 2017, U.S. Citizens and Immigration Services (USCIS) published a revised Form I-9, the form used to verify employee identity and authorization to work in the United States.
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Massachusetts High Court: Medical Marijuana User Can Sue for Handicap Discrimination
July 17, 2017
A year ago, a Massachusetts state court considered for the first time whether employers are required to accommodate the off-site use of medical marijuana by disabled employees.  The court answered that question in the negative, ruling that a private employer has no duty to tolerate an employee's use of medical marijuana as an accommodation for a disability under Chapter 151B of the Massachusetts General Laws.
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Minneapolis and St. Paul Sick and Safe Leave Frequently Asked Questions
July 17, 2017
On July 1, 2017, both the Minneapolis and the St. Paul sick and safe time ordinances went into effect. Currently, both Ordinances only affect employers and employees who work within the city boundaries. However, as currently written, the Minneapolis ordinance has the potential to include employers located outside of Minneapolis who have employees working in Minneapolis.
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Update: New York City Freelancer Rules to Take Effect July 24
July 14, 2017
As we advised you in our client advisory dated November 17, 2016, the New York City Council passed a law imposing requirements on businesses and individuals who retain the services of freelance workers as independent contractors, which took effect on May 15, 2017.
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The Government Seems Confused About Class Action Waivers
July 13, 2017
The issue of whether employees can be required to sign arbitration agreements that contain waivers of their right to file a class or collective action over employment-related disputes is one that has drawn much attention – and much conflict – in recent years.
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Should You Conduct an I-9 Audit?
July 12, 2017
Pull three I-9 forms out of your I-9 file.  Now take a careful look at them.  Is every section that needs to be completed fully and accurately completed?
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Tweets Follow

Oct 15

NLRB Surrenders Its War Against Employee Handbooks: https://t.co/fX7BILtNCP

Oct 12

NLRB Turns To Rulemaking To Reverse Joint Employer Standard: https://t.co/cFnQjI6Rzg

Oct 10

Upon Further Review: The DEA Legalizes a Marijuana-Derived Drug: https://t.co/RzjNFiU50k