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Employers Should Know This About Today’s Marijuana Laws

Marijuana legalization can have a direct and listing impact on employers; particularly, those with drug-free workplace policies.  Employers can be placed in a difficult position of trying to enforce these policies, while avoiding disability discrimination lawsuits by employees who use medical marijuana outside of the workplace. Even though marij...

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Attorneys Answer Commonly Asked Questions About H-1B Visa Transfers

If an employer plans to hire an employee who is currently working for another US employer on a temporary working visa (such as an H-1B visa for highly skilled employees), the existing H-1B visa can be transferred by filing a visa transfer application. Here are some common questions about this process asked by employers and employees: Continue Read...

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A Shift On Employee Title VII Protections At 6th Circuit

Originally published on Law360   On March 7, 2018, the Sixth Circuit reversed the dismissal of a gender identity discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission against a Michigan funeral home. The EEOC brought the case, EEOC v. R.G. & G.R. Harris Funeral Homes,[1] on behalf of Aimee Stephens, a funeral dir...

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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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