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Archive by tag: Parker Poe Adams & Bernstein LLPReturn

Employer's Reaction to Accommodation Request Provides Basis for ADA Associational Discrimination Claim

The Americans with Disabilities Act prohibits discrimination against employees because of their association with a disabled person. In practice, this means that an employer cannot refuse to hire, or take adverse action against an applicant or...By: Parker Poe Adams & Bernstein LLP
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NLRB Proposes End to Graduate Student Unions at Private Universities

Since 2000, the National Labor Relations Board has taken the position that some graduate students who are paid for teaching and research functions by private colleges and universities qualify as employees eligible to organize and bargain with their...By: Parker Poe Adams & Bernstein LLP
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Occasional Use of Wrong Pronouns Does Not Create Harassment Claim for Transgender Employee

Employees who transition genders may ask their employer and co-workers to begin addressing them with names and pronouns associated with that different gender. On September 17, a federal district court in Maryland (which, along with North Carolina and...By: Parker Poe Adams & Bernstein LLP
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Federal Drug and Alcohol Requirements for Commercial Drivers Begin January 6

Beginning January 6, motor carriers using drivers subject to the Federal Motor Carrier Safety Administration’s drug and alcohol rules will be required to submit testing results and other information to a new electronic Drug and Alcohol Clearinghouse....By: Parker Poe Adams & Bernstein LLP
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NLRB Memo Refines Position on Employer Social Media Policies

On the heels of its 2018 Boeing decision, the National Labor Relations Board continues to provide employers with guidance regarding acceptable and unacceptable restrictions on employee social media use. In a September 12 advice memorandum, the board...By: Parker Poe Adams & Bernstein LLP
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Salary Increase for White-Collar Overtime Exemption Takes Effect January 1

Last week, the U.S. Department of Labor’s Wage and Hour Division adopted final regulations revising the salary requirements for employers that claim the executive, administrative, or professional exemptions from the minimum wage and overtime...By: Parker Poe Adams & Bernstein LLP
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ADA Does Not Protect Against Fear of Future Disability

The Americans with Disabilities Act not only provides protections for disabled persons but also those “regarded as” having a disability, even if they are healthy. On September 12, the Eleventh Circuit Court of Appeals (which includes Georgia)...By: Parker Poe Adams & Bernstein LLP
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NLRB Says Employers Can Change Some Conditions Without Union Bargaining

Unionized employers generally know that federal labor law prevents them from altering material terms and conditions of employment for the bargaining unit without first negotiating with the union. On September 10, the National Labor Relations Board...By: Parker Poe Adams & Bernstein LLP
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Sixth Circuit Gives Employers Roadmap for Dealing With FMLA Abuse

Of all the questions we receive from employers, those involving suspected abuse of intermittent family and medical leave remain among the most frustrating and difficult to address. While only a minority of employees on intermittent leave abuse this...By: Parker Poe Adams & Bernstein LLP
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National Labor Relations Board Reopens Rules Related to Union Activity

The National Labor Relations Board continues its efforts to revisit earlier decisions that expanded protections for employees engaged in concerted or union activities. On September 5, the board announced it is soliciting briefs on whether to change...By: Parker Poe Adams & Bernstein LLP
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