You receive an HR complaint from an employee. It could be someone unhappy with how their manager has been speaking with them, or it could be a manager feeling like their direct report is harassing them, or it could be an employee who brought up safet…
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All employers know that maintaining a workplace that is free from sexual harassment is the right thing to do. A harassment-free workplace shows respect for all employees at work and creates a safe work environment. It also happens to be good for busi…
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One of the first questions many attorneys are asked when a client is considering filing a lawsuit is whether the fees and costs they will incur in the litigation are recoverable. In virtually all personal injury and property damage cases and in many…
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The end of the current session of the United States Supreme Court has seen the Court issue rulings on many hot-button political topics including gun control, abortion, immigration, and environmental protection laws. These rulings, along with the Janu…
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How do three Federal Circuit Courts of Appeals hear separate but factually identical cases, yet come to three distinct holdings? That is what happened recently when one set of facts with different plaintiffs was litigated in the Ninth, Fifth, and Ele…
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Ideally, employers that are faced with valid overtime or minimum wage claims should focus on working with their attorney to accurately evaluate their exposure and identify the most efficient way to resolve the claim. While this advice seems self-evid…
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According to EEOC statistics, the most common basis for charges of discrimination filed with the agency is retaliation. Issues related to COVID-19, such as the ongoing need for sick leave, vaccine hesitancy, religious exemption requests from vaccine…
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Employers of all sizes and in all industries are striving to bring diversity to their workforces, including at the management level. Employers would be well-served, however, not to lose sight of the fact that Title VII of the Civil Rights Act of 1964…
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On September 9, 2021, President Biden directed the Occupational Safety and Health Administration (OSHA) to develop a rule to increase the number of workers who have received a COVID-19 vaccination. Consistent with that direction, OSHA developed an Em…
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Many employers are being inundated with employee requests for religious exemptions to vaccine mandates. Employers who are evaluating religious exemption requests must take a nuanced approach or risk violating federal anti-discrimination statutes, suc…
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