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Americans With Disabilities Act Update: New Rulings Show The Law Can Protect Employees Who Aren’t “Disabled”; Even Teasing Can Trigger Coverage

When the Americans with Disabilities Act was passed in 1992, the initial questions focused on how to reasonably accommodate disabled workers. But there is another sticky problem that has been surfacing more recently: just who is entitled to ADA protection? You might be surprised to discover that the answer is broader than you think. Even […]

NLRB’s McDonald’s franchise determination called ‘aggressive play’

A National Labor Relations Board (NLRB) ruling that the McDonald’s corporation is a joint employer with its franchisees is a departure from longtime precedent that’s drawing fire from the fast-food giant and other business interests. The NLRB’s Office of the General Counsel released a statement on July 29 saying the Oak Brook, Illinois-based corporation could […]

Texting While Driving Now Illegal in West Virginia

West Virginia has become the 41st state to ban texting while driving. The law, which went into effect July 1, makes it a primary offense to text with a handheld cell phone while driving. Because it’s a primary offense, violators can be pulled over and cited. Texting already was a secondary offense, meaning someone violating […]

U.S. Supreme Court to consider transgender restroom lawsuit

by Ryan B. Frazier During the 1990s, Saturday Night Live, a popular TV sketch comedy show, featured a recurring gender-ambiguous character, Pat. The gag in Pat’s comedy sketches often involved others’ failed attempts to determine the seemingly androgynous character’s gender. The skits played off the then-prevailing view that a person’s gender falls into one of […]

Wage/Hour Litigation = Easy Money for Lawyers

Wage-and-hour rules have been around for nearly three-quarters of a century—ever since FDR’s New Deal—so it’s hard to picture them triggering the next wave of employment litigation, but attorney Marc Jacuzzi, Esq. thinks otherwise.

6 Essential Guidelines for Harassment Response

It doesn’t matter if your workplace is inherently prone to harassment, or even if the harassment is by someone other than your employees — either way, you’re required to investigate and correct the situation promptly. Here are 6 essential guidelines for harassment response.

Top Employment Issues for States in 2009: Part 1 – WARN Acts, Immigration, ADA, and Unemployment Insurance

The nation’s economy and its impact on state budgets will be the overriding factor state legislatures address in 2009. Many states have already attacked their budget shortfalls by delaying projects, implementing hiring freezes, eliminating positions, and cutting programs. With predictions of continued shortfalls in 2009, state budgets will be first on the agenda for lawmakers. […]

No More Compensatory and Punitive Damages for WFEA Violations

By Saul C. Glazer The Wisconsin Assembly passed a bill on February 21 eliminating compensatory and punitive damages awards for violations of Wisconsin’s Fair Employment Act (WFEA). This bill was passed by the Wisconsin Senate in November 2011 and is expected to be signed into law by Governor Scott Walker shortly. This law reverses a […]