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Representing the Individual Defendant Image

Representing the Individual Defendant

Alex W. Craigie

This article focuses on the inherent risk of unwittingly assuming the role of psychotherapist, the difficulty of gaining control over the demanding or doubting client, ethical situations, arising and attorney-client communications.

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EEOC Cases of 2011 Image

EEOC Cases of 2011

Christopher J. DeGroff & Gerald L. Maatman, Jr.

The EEOC promised to file bigger, higher-profile cases in 2011. It did just that, with a second straight year of a record number of systemic investigations and class-like federal court filings.

Court Delays Controversial NLRB Poster Requirement Image

Court Delays Controversial NLRB Poster Requirement

Daniel V. Johns, Geoffrey D. Bruen & Meredith C. Swartz

On April 17, the U.S. Court of Appeals for the District of Columbia Circuit enjoined the National Labor Relations Board (NLRB) from enforcing a controversial rule that would require most private sector employers covered by the National Labor Relations Act to post a notice advising employees of their rights under the Act.

Employees' Pre-Eligibility FMLA Rights Image

Employees' Pre-Eligibility FMLA Rights

Christy Phanthavong & William Wortel

The Family and Medical Leave Act (FMLA) is perhaps the most difficult federal employment statute with which to comply. Here's a review of eligibility requirements.

MD District Court Dismisses RICO Claims Against HR Professionals Image

MD District Court Dismisses RICO Claims Against HR Professionals

Kevin McCormick

On July 6, 2011, the Maryland U.S. District Court dismissed a RICO claim filed by a number of employees of Purdue Farms, Inc., against a number of human resource (HR) professionals employed by Purdue. A review of the case.

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Whither Weingarten? Image

Whither Weingarten?

John D. Shyer & Linda M. Inscoe

The current NLRB is beginning to issue rules and decisions more favorable to organized labor, and its field offices are issuing complaints expanding the rights of non-union workers. A look at <i>Weingarten</i> rights, and what they mean.

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Employee's Inability to Work Overtime Is Not a Per Se Disability Image

Employee's Inability to Work Overtime Is Not a Per Se Disability

Maria Greco Danaher

The Fourth U.S. Court of Appeals has dismissed an employee's lawsuit, holding that the individual's inability to work overtime hours was not a substantial limitation that would entitle him to the protections of the ADA.

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Advising a Whistleblower After Dodd-Frank Image

Advising a Whistleblower After Dodd-Frank

Tammy Marzigliano & Jordan A. Thomas

This article examines the retaliation protections provided by Dodd-Frank and how employment lawyers might deal with their impact.

Disparate Impact and the ADEA Image

Disparate Impact and the ADEA

Gary S. Kessler & Philip G. McNicholas

In this article, the elements of a disparate impact claim by older workers are explored. Congress created protection for older workers from employment discrimination by enacting the Age Discrimination in Employment Act (ADEA).

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Managing Employee Leave under the ADAAA and FMLA Image

Managing Employee Leave under the ADAAA and FMLA

Patricia Anderson Pryor

Managing employee leave has become a persistent and growing challenge at many companies. Here's why...

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