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Religious Education Employers see Two Significant Jurisdictional Decisions in Summer 2020

Educational institutions across the nation are grappling with decisions on returning teachers, staff and administrators to work for the academic year 2020-2021 in the midst of the COVID-19 pandemic. Each institution must...more

COVID-19 Preparedness

Employers across the world are responding to the developing information on the coronavirus (referred to as COVID-19). While there are many considerations, and many fact-specific considerations based on the nature of the...more

DOL’s Persuader Advice Exemption Rule Blocked

On November 16th, Texas federal judge Sam R. Cummings granted Summary Judgment to several business groups, joined by Texas and nine other states, seeking to block enforcement of the U. S. Department of Labor’s (DOL) new...more

Now is Not the Time to “Man Up”-- Gender Stereotyping Can Be Same-Sex Harassment

Big Bob supervises an all-male make-ready crew. The team gets along well— they get their work done but have fun doing it. The guys banter throughout their shift, calling each other inappropriate names, telling dirty jokes,...more

Supreme Court strikes down Defense of Marriage Act: What are the changes for employers?

On June 26, 2013, the United States Supreme Court held that Section 3 the Defense of Marriage Act (DOMA), which prevented the federal government from recognizing state-granted same-sex marriages, was unconstitutional because...more

Supreme Court Strikes Down Defense of Marriage Act: What Are The Changes for Employers?

On June 26, 2013, the United States Supreme Court held that Section 3 the Defense of Marriage Act (DOMA), which prevented the federal government from recognizing state-granted same-sex marriages, was unconstitutional because...more

Accommodating religious beliefs in the workplace: What are the limits?

Sikiru Adeyeye requested approximately four weeks of leave from work to participate in his father’s funeral ceremony in Nigeria. In his request, Adeyeye explained that he had to attend the “funeral rite” and that it was “very...more

Is obesity a disease? The American Medical Association says “yes”; the Americans with Disabilities Act says . . .

In June 2013, the American Medical Association (AMA) declared obesity a disease. The president of the AMA gave several reasons for this declaration “[R]ecognizing obesity as a disease will help change the way the medical...more

Heard it through the grapevine: The National Labor Relations Act’s tight grip on employer confidentiality policies

One of your top workers, Emily Employee, comes to you distraught: She can no longer take Carla Co-Worker’s harassing comments about Emily’s religion. Some of the comments Emily relayed to you sound pretty bad and would result...more

What You Say Can and Will be Held Against You: ADA Confidentiality Requirements Extend Beyond Termination of Employment

The Americans with Disabilities Act (ADA) requires any information regarding employees obtained through a medical inquiry to be kept confidential. Such information must be recorded on separate forms and kept in a confidential...more

NLRB Advice on Lawful Employment At Will Provisions Under the NLRA

On October 31, 2012, the National Labor Relations Board (NLRB) Office of General Counsel (G. C.) issued two Advice Memoranda clarifying whether employment at-will language in an employee handbook, applications or other...more

NLRB Decision Regarding Confidentiality of Employer Investigations

As a result of a recent ruling by the National Labor Relations Board (NLRB), non-union employers who have a practice or policy that prohibits employees from discussing ongoing internal investigations of workplace misconduct...more

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