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Eighth Circuit Weighs in on Religious Accommodations
December 6, 2018
The Eighth Circuit recently held in EEOC v. North Memorial Health Care, 908 F.3d 1098 (8th Cir. 2018), that the hospital properly moved on to another candidate after the first candidate refused to perform an essential function of the job.
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Paying Out a Year-End Bonus or an Incentive Payment: Can an Employer Withhold the Money from the Employee Who Took FMLA Leave?
December 6, 2018
It’s the end of the year, which means bonus time.
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Employers Tread Carefully! The Interplay between Federal and State Laws Regarding Medical Marijuana Usage
December 5, 2018
The U.S. Court of Appeals for the Ninth Circuit has a reputation as an employee-friendly forum.  Yet that Court recently rendered a decision that employers should applaud.
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USCIS Proposes Significant Changes to the H-1B Lottery Process
December 4, 2018
On December 3, 2018, the U.S. Department of Homeland Security (DHS) issued a proposed rule which, if finalized after notice and comment, would significantly change the H-1B lottery process.
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Massachusetts: New CORI Changes Further Limit Pre-Employment Inquiries
December 3, 2018
Amendments to the Criminal Offender Record Information (CORI) law, were enacted in April 2018 and became effective October 13, 2018.
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EEOC Assesses Root Cause of Workplace Harassment
November 30, 2018
For the past three years, the EEOC has had a Task Force which focused on the causes and  remedies for workplace harassment.
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Inconsistency Does It Again
November 30, 2018
When it comes to compliance with Fair Employment Practices statutes and regulations, employers generally are not required to treat everyone the same. Rather, they’re required to have business reasons that explain the difference in treatment and to apply those reasons consistently.
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FMLA Protection Before FMLA Eligibility
November 30, 2018
What if an employee is mistakenly told that the employee’s absence will be covered under FMLA when the employee is not yet eligible for such protection?
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Illinois Employers Continue to Be Sued Under the Illinois Biometric Information Privacy Act
November 30, 2018
The Illinois Biometric Information Privacy Act (“BIPA”), which became effective in 2008, requires private entities to obtain consent before collecting an individual’s biometric information and further requires businesses to establish policies regarding the extent to which they intend to store, share, and destroy the collected information.
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Boards of Directors in the Bullseye: #MeToo and the Fiduciary Duty
November 29, 2018
Allegations of sexual harassment perpetrated by top officials are not new, nor are lawsuits or threats of lawsuits based on those allegations.
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Unions Optimistic for Workplace and Political Election Victories
November 29, 2018
Unions have more optimism for growth than we have seen in several years, and the facts back them up.
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Visually Impaired Sue New York Wineries over Website Accessibility
November 28, 2018
More than a dozen wineries have been sued in federal court over allegations that their websites are not accessible to the visually impaired in violation of the Americans with Disabilities Act.
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