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Sixth Circuit Rules that Gender Identity Discrimination is Not Religious Freedom

On March 7, 2018, the United States Court of Appeals for the Sixth Circuit reversed the dismissal of a gender identity discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC)  against a Michigan funeral home under VII of the Civil Rights Act of 1964 (Title VII).  The EEOC brought the case, EEOC v. R.G. & G....

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US Department of Labor Still Actively Investigating Per Diem Payments in the Energy Industry

Over the past few years, the U.S. Department of Labor (DOL) has investigated the misuse of per diem payments as a substitute for compensation in a number of industries. At a recent event for employment lawyers in Pittsburgh, an attorney with the DOL indicated that this is still an issue that they were actively investigating, especially within t...

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Second Circuit Holds That Sexual Orientation Claims are Permissible Under the Civil Rights Act

While the lesbian, gay, bisexual and transgender community has made a number of important legal advancements over the last decade, it still amazes many people to learn that, under federal law, an employee can be fired because they are gay.  Politicians, advocacy groups and courtroom litigants have worked for decades to change that.  And while...

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Back to Browning-Ferris: Returning to an Obama-Era Joint Employment Standard

Yesterday, February 26th, the National Labor Relations Board (NLRB or Board) vacated its December 2017 ruling in Hy-Brand Industrial Contractors (Hy-Brand), reinstating the employee-friendly joint employment standard crafted by the Obama-era Board in Browning-Ferris Industries(Browning-Ferris). Continue Reading  

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Does My Business Need an Employee Handbook?

While your business is not required to have an employee handbook, handbooks do offer many legal and non-legal benefits. A well-drafted and regularly updated employee handbook can provide employees and their supervisors with the “rules of the road.” A handbook with clear rules can help ensure that employees are treated fairly and consistently...

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Employer Alert – The Fiscal Year 2019 H-1B Visa Season is Almost Here

  Employers who hire foreign workers may already be familiar with U.S. Citizenship and Immigration Services (USCIS), the government agency that oversees lawful immigration to the United States. USCIS is also responsible for determining which foreign workers will be approved for the highly coveted H-1B skilled worker visa. Among all categories of ...

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Omnicare Settlement: Outlier Or Beginning Of Broader Trend?

Employers have braced themselves for drastic changes as the Trump administration continues to play an active — and controversial — role in reshaping U.S. immigration policy. But behind the scenes in the U.S. Department of Justice’s Immigrant and Employee Rights Section (IER), whose tasks include enforcing the Immigration and Nationality Act ...

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HR Legalist Live Presents...Updates and Trends for 2018: From The Front Lines of the American Workplace

TO REGISTER FOR THE BELOW EVENT: Click Here   HR Legalist Live Presents...Updates and Trends for 2018: From The Front Lines of the American Workplace                   Date: January 31, 2018                     Time: 12:00 PM to 1:30 PM EST This new year, Obermayer and the Center City Proprietor's Association will k...

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Omnicare Settles Asylum Discrimination Claim with DOJ

Adding another wrinkle to the increasingly contentious debate on immigration, the U.S. Department of Justice (DOJ) recently settled an asylum discrimination claim that it brought against Omnicare, a CVS Pharmacy subsidiary and long-term care pharmacy services provider. Continue Reading  

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New Tax Act Bars Deductions for Settlements Related to Certain Sexual Harassment Claims

The recently enacted Tax Cuts and Jobs Act (the Act) has been touted as the largest tax reform since 1986. Among its many provisions, the Act adds a new section to the Internal Revenue Code (Section 162(q)) targeting confidentiality agreements in sexual harassment cases. The new section is in response to a realization, in the wake of the #MeToo m...

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