Have You Reviewed Your Employment Application Lately?
Your employment application is obviously an important screening tool in your hiring process, and you should take the time to review it to ensure it complies with any applicable laws, collects the...
View ArticleAre Your Supervisors and Managers Trained to Handle ADA Accommodations?
Employers are accustomed to providing training on their anti-harassment policies. However, training supervisors and managers on ADA reasonable accommodation issues is equally important. Often,...
View ArticleEmployers Required to Assign Disabled Employees to Vacant Positions Over More...
Many employers will need to change their practices for selecting employees for job vacancies due to a decision issued last week by a federal appeals court interpreting the ADA. In EEOC v. United...
View ArticleGo Figure: The EEOC Clears Itself On Discrimination Charges
Yes, the title of this article is right. The EEOC recently issued a decision finding that it — the EEOC — did not discriminate on the basis of age when it chose a 35-year old applicant over a 71-year...
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The Dangers Lurking in the Treacherous Waters of FMLA Intermittent Leave...
Navigating the murky waters of intermittent leave under the federal FMLA can be treacherous for employers, particularly when such leave can be so easily abused. A recent case involving an employee who...
View ArticleWho Needs to Be at Work to Work Anymore? Almost No One, Court Says
Can you require your employees to be at work to do their jobs? Maybe not any longer, at least in the Sixth Circuit (which covers Michigan, Ohio, Kentucky and Tennessee). In a recent decision in that...
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Court Dismisses EEOC’s Controversial Lawsuit Challenging Standard Provisions...
Earlier this year, the EEOC brought a lawsuit in federal court in Illinois claiming that the severance agreement used by a nationwide retail pharmacy in connection with the terminations of hundreds of...
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Allowing an Employee to Work a Shorter Shift May Be a Reasonable Accommodation
A recent federal district court decision is a good reminder that an employer needs to explore all options before denying an accommodation request, including whether it can go back to an employment...
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Employers Need to Consider Accommodation Requests Made at Any Time During a...
Can an employer simply ignore a request by a disabled employee for an accommodation made in a meeting that could lead to the employee’s termination? A recent federal case from Wisconsin says no. In the...
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A Prompt Response to a Harassment Complaint Can Be the Difference Between...
A recent federal district court from Illinois graphically demonstrates the benefits of a prompt response when an employer receives an internal harassment complaint from an employee. In this case, a...
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GDPR实施一周年及国家监管机构职责回顾
2019年5月25日，GDPR实施已满周年，一年实施期间让众多跨境企业尤其是在欧洲市场开展业务的跨境企业如履薄冰，社会各界对于GDPR是非功过莫衷一是。周年之际，欧洲数据保护委员会发布官方周年报告First Overview On the Implementation of the GDPR and the Roles and Means of the National Supervisory...
View Article工程内部承包与挂靠的识别问题
近日某客户要求审查公司内部承包经营合同，经通读全文并与客户确认后发现，客户拟通过签署公司内部承包合同的形式，实现工程资质挂靠之实。因此，本着格物致知的精神，尽可能全面地梳理了内部承包与挂靠相关的法律规范（包括法律、法规、司法解释、地方司法性文件），以探究内部承包与挂靠的“罗生门”。 一、内部承包与挂靠的相关法律规范 《关于改革国营施工企业经营机制的若干规定》...
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1587年与1768年——A YEAR OF NO SIGNIFICANE?
万历十五年，亦即公元1587年，在西欧历史上为西班牙舰队全部出动征英的前一年，而在中国，这平平淡淡的一年中，发生了若干为历史学家所易于忽视的事件。这些事件，表面看来似末端小节，但实质上却是以前发生大事的症结，也是将在以后掀起波澜的机缘。在历史学家黄仁宇的眼中，其间的关系因果，恰为历史的重点，而我们的大历史之旅，也自此开始...... 叫魂——1768年中国妖术大恐慌 万历十五年——无关紧要的一年
View ArticleTruth
謊言的代價是什么What is the cost of lies? 并不是它會被錯當成真相It’s not that we’ll mistake them for the truth. 真正的危險是：如果我們聽了太多謊言The real danger is that if we hear enough lies, 會再無法分辨出真相then we no longer recognize the...
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NYC Employee Leave Rights under the Coronavirus / COVID-19 Pandemic
Workers in New York are protected under existing and new federal laws, as well as state laws. In addition to federal and state laws, employees who work in New York City are also entitled to...
View ArticleDHS Announces Temporary Flexibility in I-9 and E-Verify Requirements During...
In response to the new challenges presented by the coronavirus pandemic, the Department of Homeland Security (DHS) has announced temporary flexibility in the requirements for completing Form I-9,...
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Changing Paths: Becoming an Attorney as a Second Career
This week we welcome back guest writer Mark Livingston to talk about his path to becoming an attorney after another career. During the 20th Century, it was common for people to have one job for a...
View ArticlePrivacy v. Speech? Supreme Court to Weigh in on TCPA Restrictions on...
The Supreme Court on May 6, 2020 heard oral argument on a widely-watched First Amendment case that may have broad ramifications for the Telephone Consumer Protection Act and, potentially, government...
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Artificial Intelligence, COVID-19 and the Tension between Privacy and Security
As the world continues to deal with the unprecedented challenges caused by the COVID-19 pandemic, Artificial Intelligence (AI) systems have emerged as a potentially formidable tool in detecting and...
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