Blog
Race Discrimination Under Section 1981 – The Lines Are Blurred
August 29, 2018
A recent case brought something to my attention that I had not focused on before.
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USCIS recent policy changes, Part 1: USCIS extends premium processing suspension, reverses course on NTA issuance, and announces new RFE policy
August 29, 2018
On Tuesday, August 28, USCIS announced a broader suspension of premium processing for H-1B petitions filed by employers.
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No Fault Attendance Policy Violates ADA, Claims EEOC
August 28, 2018
The Equal Employment Opportunity Commission continues to focus on the implications of the Americans with Disabilities Act on employer "no fault" attendance policies.
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Unemployment Drug Testing Could Increase
August 28, 2018
In 2017, Congress passed a resolution to undo an Obama-era Department of Labor rule regulating drug testing for unemployment benefit recipients. After President Donald Trump approved the resolution, the DOL officially rescinded the rule, which limited drug testing to applicants in particular industries and positions, and those previously terminated for drug use.
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Website Accessibility Issues Under The Americans With Disabilities Act
August 27, 2018
Recently, companies across the country have received lawsuits or demand letters from plaintiffs alleging the company is violating Title III of the ADA or the state law equivalent because their websites are not fully accessible to individuals with visual or hearing disabilities.
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NLRB Rules in Favor of Employer in Plant Closure Dispute
August 24, 2018
In Dura-Line Corporation, 366 NLRB No. 126 (2018), the National Labor Relations Board considered whether the employer’s closure of its Middlesboro, Kentucky facility, which produced standard conduit and two types of pipes, violated Sections 8(a)(3) and (1) of the National Labor Relations Act.
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OSHA Pre-empts CBA Drug-Testing Provisions?
August 23, 2018
In light of the Occupational Safety and Health Administration’s recent announcement of a Notice of Proposed Rulemaking to rescind the majority of its controversial electronic reporting requirements, I decided to review some previous guidance on these requirements.
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H1-B Visa Applications Facing Greater Scrutiny
August 22, 2018
A report by the National Foundation for American Policy (NFAP) reveals that the denial rate for H1-B petitions increased significantly in the 4th quarter of Fiscal Year 2017.
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Eighth Circuit Requires Employees to Reasonably Believe Underlying Conduct is Illegal to Make a Case for Retaliation
August 21, 2018
Colleen Auer’s tenure as city attorney for Minot, North Dakota, may have lasted only about a month, but it spurred not one, but three lawsuits and will definitely leave its mark on the Eighth Circuit.
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The Crown Pierces the Corporate Veil: Ontario Court Imposes Liability on Individual for Fines Imposed Against a Corporate Defendant
August 17, 2018
An Ontario Court has revolutionized the law with respect to whether an individual can be held personally liable for fines imposed against the corporation for breaches of regulatory legislation.
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Raining Cats and Dogs in the Workplace? It’s Pawssible
August 15, 2018
I gush over any dog I see – anytime, anywhere. So this begs the question: will I ever be able to see a dog every day while I’m at work?
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NLRB Upholds Employee’s Use of Offensive Language in Protest of Employer’s Overtime Policy
August 14, 2018
In Constellium Rolled Products Ravenswood, LLC, the National Labor Relations Board recently ruled in a 2-1 decision that the employer unlawfully discharged an employee who had written “whore board” on an overtime sign-up sheet.
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