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Keeping You Posted

Recent developments in employment and labor law
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hkastrinsky

Howard Kastrinsky

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Chris Barrett


Keeping You Posted provides you with the latest updates in employment and labor law. As a supplement to Employment Law Comment, Keeping You Posted supplies you with a review of current federal and state cases, as well as legislative and regulatory changes, from your perspective as an employer.

Some of the many topics we discuss in Keeping You Posted include federal discrimination laws, the National Labor Relations Act, the Fair Labor Standards Act, and the Occupation Safety and Health act. Other topics include immigration and workplace privacy, including emerging trends in social media in the workplace. Add the RSS feed above to your favorites, and stay up-to-date on the issues that affect your Company.
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Employer’s Misinterpretation of its Own Policy Leads to ADA Suit

Friday, 19 April 2013 09:19


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The Americans with Disabilities Act (ADA) prohibits places of public accommodation from discriminating against individuals with disabilities.  Under the ADA, to be protected, an individual need not have an actual impairment; they are protected if the business “regards” them as having a physical impairment that substantially limits at least one major life activity, whether or not they actually have an impairment.  An amusement park is being sued by an individual who was denied access to a ride because he did not have fully formed hands.  Sean McLean explains how this lawsuit came about.

   

Court Says Employee Owns LinkenIn Account but is Not Entitled to Recover any Damages

Friday, 19 April 2013 09:05


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In one of the most high profile social media ownership cases to date, a federal district court recently held that, absent a policy stating otherwise, employees are the rightful owners of their social media profiles.  Although the trial court sided in favor of the former employee, she was, however, unable to recover because she could not prove damages.

Robert Crump writes about this new development in social media.

   

No Such Thing as “Light Duty” Return to Work under FMLA and ADA

Wednesday, 17 April 2013 14:33


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Employee who was granted a full 12-weeks of FMLA leave and subsequently accommodated under the ADA to his old position, with full seniority and benefits, sues Employer for failure to comply with both the FMLA and the ADA.

Read how in the world this case made it all the way up to the Seventh Circuit (and also who won, of course). 

   

Women Athletic Referees Covered by Title VII and Title IX

Friday, 19 April 2013 08:36


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March Madness (extended into April this year) may be over, but get your bracket ready for the final-final round between this basketball referee’s fight to officiate anyone and everyone.

   

USCIS changes its procedures for applying for unlawful presence waivers

Monday, 08 April 2013 07:43


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As possible immigration law reform takes the foreground, significant changes are taking place in the background.  One significant change concerns when the new spouse of a U.S. citizen is entitled to permanent residence.  Max Nuyen explains the meaning of that change.

   

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