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Gendered Dress Codes Image

Gendered Dress Codes

Jen L. Cornell

While employers always need to keep in mind differing obligations under state and federal anti-discrimination statutes, the potential pitfalls for employers with regard to transgender employees are enormous.

Features

States Keep Changing the Marijuana Laws Image

States Keep Changing the Marijuana Laws

John D. Shyer & Rifka M. Singer

Despite legalization in several states, marijuana use remains illegal for both medical and recreational purposes under federal law, and many companies continue to maintain "zero tolerance" policies with respect to employee marijuana use.

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Extraterritoriality and Whistleblower Retaliation Image

Extraterritoriality and Whistleblower Retaliation

R. Scott Oswald & Tom Harrington

Though whistleblower protection statutes take many forms, the frameworks for determining liability are really quite similar. However, can overseas whistleblowers avail themselves of United States whistleblower protection laws?

Can You Tell Employees, 'OK, Enough with the Piercing' ? Image

Can You Tell Employees, 'OK, Enough with the Piercing' ?

Marlisse Silver Sweeney

Just when is OK as an employer or prospective employer to suggest canceling that extra visit to the tattoo artist or piercing salon?

Features

Immigration Compliance Image

Immigration Compliance

Irina B. Plumlee

With the dire and obvious need for immigration reform and the equally obvious slow move toward adopting a comprehensive solution, some companies fatigued by the debate and hopeful for the slow enforcement choose to put immigration compliance on the back burner. Bad idea.

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Using Social Media Content to Defend Employment-Related Lawsuits Image

Using Social Media Content to Defend Employment-Related Lawsuits

Jessica Neufeld & David S. Weber

It is no surprise that social media would contain information relevant to litigation. It is therefore important that attorneys be able to recognize when and how social media content may provide valuable evidence in a case.

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NLRB Joint Employer Standard Image

NLRB Joint Employer Standard

Rebekah Mintzer

A reworking of the National Labor Relations Board's (NLRB) joint employer standard appears to be a near certainty. For instance, in July, NLRB general counsel Richard Griffin Jr. threatened to charge franchisor McDonald's USA over violations that allegedly occurred at franchisee-owned restaurants.

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The NFL's Compliance Fumbles Image

The NFL's Compliance Fumbles

Ryan McConnell & Michelle Jee

To manage reputational risk, organizations, like the NFL or your company, set forth clear rules on what is required for employees, telling them what doing a good job looks like. One of the key components of these rules is a system of disciplinary action with escalating punishment depending upon the rule infraction.

Features

Marijuana Legalization vs. Employee Drug Tests Image

Marijuana Legalization vs. Employee Drug Tests

Marlisse Silver Sweeney

As marijuana laws change throughout the country, how should employers handle positive drug tests? In a recent blog post, Jordan Schwartz of Epstein Becker & Green weighs in on the issue.

Features

Increase in Unemployment Insurance Benefits Image

Increase in Unemployment Insurance Benefits

Robert G. Brody & Abby M. Warren

Unemployment insurance continues to be front and center in the news. How did everything get so out of control? Here is an overview of how we got here and where we seem to be going.

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