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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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Timing is Everything for FMLA Eligibility

Tuesday, 13 August 2013 08:51


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A U.S. District Court in Tennessee has determined an employee’s eligibility for leave under the Family and Medical Leave Act (“FMLA”) is determined from the date the employee provides notice of the need for leave, not from the date the intended leave is scheduled to begin.  Accordingly, if an employee provides notice prior to being employed for an entire year of an intent to take leave after reaching the year of employment, the FMLA does not require the employer to grant the requested leave.

   

Failure to Follow ADA’s Interactive Process not Independent Violation

Wednesday, 31 July 2013 15:24


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The ADA requires employers to engage in a flexible, interactive process to identify reasonable accommodations for disabled employees.  When an employee requests leave from an employer under the ADA’s protections, the employer must provide a good faith effort in working with the employee to find an amenable solution.  The U.S. Court of Appeals for the Seventh Circuit recently provided employers with guidance on this ADA requirement.

   

“But-for” the Supreme Court, Retaliation claims would be motivational

Wednesday, 31 July 2013 14:33


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The Supreme Court made a promising employer-friendly decision this term regarding Title VII retaliation claims in University of Texas Southwestern Medical Center v. Nassar.

   

2 Years Employment Required to Enforce Non-Competition Agreement

Monday, 22 July 2013 16:08


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An Illinois court of appeals has established a bright-line rule concerning the length of employment required to enforce non-competition or non-solicitation agreements with at-will employees.

   

Computer Fraud and Abuse Act Does Not Extend to Employees Taking Company Data

Friday, 19 July 2013 10:15


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A U.S. District Court in New York has determined the Computer Fraud and Abuse Act (“CFAA”) does not address claims related to employee misuse of business information obtained from a computer to which the employee properly had access. The court analyzed both broad and narrow interpretations of the statute, but concluded the CFAA should be applied narrowly. The court did not extend the CFAA to the removal of a company’s information by an employee through use of a flash memory drive on computer servers in an effort to surreptitiously rip information from the drives.

   

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