Blog
Update Your Background Check Forms
October 30, 2018
On September 21, a provision in the new Economic Growth, Regulatory Relief, and Consumer Protection Act kicked in that required employers to update their background check forms to advise applicants and employees that a “national security freeze” was available to protect them from identity theft.
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Immigration Policies’ Impact Extending to Employers
October 30, 2018
The Trump Administration has under taken significant efforts to impact immigration policies through executive action.
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Employment Disputes on the Horizon
October 29, 2018
We recently were invited to present our assessment of what we think employment disputes of the future will involve.
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Trump Administration Ramps Up OSHA Enforcement
October 29, 2018
The generalization that a Republican president places less emphasis on employment issues enforcement is often wrong.
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Want to Crack Down on FMLA Abuse? Try the Chicago Way
October 26, 2018
Picture a 911 call center deep in the City of Chicago. Pretty busy, yes? And like many other call centers, this 911 call center has plenty of employees who take FMLA leave.
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Deducting Union Dues After A Collective Bargaining Agreement Expires
October 25, 2018
An administrative law judge for the National Labor Relations Board recently held that Valley Hospital Medical Center could rely upon language in an expired collective bargaining agreement and cease deducting union dues because the language stated the dues-checkoff requirements “shall be continued in effect for the term of this Agreement.”
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Court Finds Nevada Law Requires Employer To Pay Employees For Time Spent On Security Screenings
October 24, 2018
On September 19, 2018, a federal circuit court ruled that time spent by hourly employees waiting for and undergoing a mandatory security screening was compensable time under Nevada wage and hour law.
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OSHA Issues Clarification on Workplace Safety Incentive Programs and Post-Incident Drug Testing
October 22, 2018
For the past couple of years, the Occupational Safety and Health Administration (OSHA) has enforced a rule that prohibits employers from retaliating against employees for reporting work-related injuries or illnesses.
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FMLA FAQ: Can Foster Parents Take an Additional 12 Weeks of FMLA Leave After They Adopt a Child?
October 19, 2018
Under the FMLA, foster care is defined as: 1) 24‑hour care for children in substitution for, and away from, their parents or guardian; and 2) The placement into foster care involves state action, voluntary or involuntary removal of the child from the parents or guardian, and an agreement between the State and foster family that the foster family will take care of the child. 29 CFR 825.122(g)
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Reasonable Accommodations – Not Just for Essential Functions!
October 17, 2018
A recent case highlighted a important point under the Americans with Disabilities Act that is often overlooked – reasonable accommodations are not limited only to enabling employees with disabilities to perform the essential functions of their jobs! They must also be provided to allow those employees to enjoy privileges and benefits of employment equal to non-disabled employees!
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NLRB Surrenders Its War Against Employee Handbooks
October 15, 2018
In June, the National Labor Relations Board’s General Counsel released a memorandum providing guidance on the NLRB’s December 2017 decision in The Boeing Company, 365 NLRB No. 154, which established a new standard for evaluating the legality of employer rules, policies, and handbook provisions under the National Labor Relations Act.
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Employee Not Entitled to Further Worker's Compensation Benefits Because Her Disability-Causing Surgery was not Related to a Compensable Work Injury
October 15, 2018
On August 28, 2018, District I of the Wisconsin Court of Appeals held that the Plaintiff was not entitled to further worker’s compensation benefits because her disability-causing surgery was not related to a compensable work injury.
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