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IAML Insights

December 17, 2014

From the beginning, the employee had attendance and punctuality problems, and the problems didn’t improve even when the employer adjusted her schedule. After she was diagnosed with MS, the company approved intermittent FMLA leave and accommodated her request to work from home. By the end, she was working from home for all but two half-days per...

December 16, 2014

The district court properly dismissed a former employee’s retaliation claim under the Americans with Disabilities Act (ADA) because she failed to prove that the employer’s performance-based reasons for her termination were a pretext for discrimination, the First Circuit Court of Appeals ruled. Collazo-Rosado v. University of Puerto Rico, No....

December 16, 2014

In the past, we’ve explained the DOL’s test for whether employers must pay their interns. Put simply, public employers and qualifying not-for-profit entities do not have to pay their interns. I hope that our more recent discussions of lawsuits that demonstrate the ever-narrowing segment of lawful unpaid internships have spurred some discussions...

December 15, 2014

During the holidays, many of us like to show our appreciation to clients by sending gifts or entertaining them with special dinners or other fun and festive celebrations of the season. But be careful. Corporate gift policies have become increasingly stringent about what, if anything, is permissible to receive or to give. Even a relatively modest...

December 15, 2014

In a precedent-setting ruling, the National Labor Relations Board (NLRB or the "Board") held last week in Purple Communications that Section 7 of the National Labor Relations Act (NLRA) requires employers, except in very limited circumstances, to open their corporate e-mail systems to union organizing by employees and to group discussions among...

December 14, 2014

Today, the National Labor Relations Board announced that it has adopted a final rule amending its representation case procedures, implementing the controversial "quickie" or "ambush" election rule that makes sweeping changes to the Board's current procedures. In its press release, the Board characterized its action as "modernizing its rules in...
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