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Apr
17

Sexual orientation discrimination goes to Supreme Court second time

Update on Bostock and Zarda: On April 22, 2019, the U.S. Supreme Court granted writs of certiorari for both of these cases. That means that the Supreme Court will give both cases a “full” appeal. We anticipate the court will issue a decision later this year or early next year. Stay tuned!

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© 2019

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Nov
06

No size requirement for local governments to be sued for age discrimination

Today, the United States Supreme Court issued a ruling in Mount Lemmon Fire District v. Guido, a case we have been tracking over the last year. The ruling expands the scope of the Age Discrimination in Employment Act (ADEA) to allow claims against local and state government entities regardless of their size. Now, based on the unanimous vote of the Supreme Court, any employee of a local or state government can sue for age discrimination.

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Copyright

© 2018

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Aug
07

FMLA certification questions cause major headaches

In a case decided just last month, a federal court in Alabama illustrated the potential risk of making a fairly simple mistake under the Family Medical Leave Act (FMLA).

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© 2018

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Jan
31

Drug testing and the ADA

Drug testing is a tool commonly used by employers to ensure employees are not illegally using controlled substances at the workplace. But that tool does not come without legal risk. A recent decision by the U.S. Eleventh Circuit Court of Appeals brings to light an interesting intersection between drug testing and the Americans with Disabilities Act (ADA). The case—and its implications—are discussed in detail below.

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Jan
08

HR mistakes just got more expensive

As anyone involved in litigation will tell you, violations of labor laws have never been cheap. But they are now more expensive than ever. The U.S. Department of Labor (DOL) recently increased penalties for a variety of violations, which became effective on January 2, 2018.

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