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IAML Insights

April 04, 2018

In Wolf v. Lowe’s Companies, Inc., No. 4:16-CV-01560 (March 13, 2018), United States District Judge Alfred H. Bennett of the Southern District of Texas granted Lowe’s motion for summary judgment on a former sales employee’s claims under the Americans with Disabilities Act (ADA) for disability discrimination and failure to accommodate, as well...

April 03, 2018

Former New Orleans Saints cheerleader Bailey Davis has filed a complaint with the EEOC accusing her former employer of having one set of rules for its male players, and another for its female cheerleaders. The Saints fired Davis after it claimed she violated a rule prohibiting cheerleaders from appearing in photos nude, semi-nude, or in lingerie....

April 02, 2018

Here are five hot issues that employers ignore at their peril. The classic employment law/HR mistakes will always be with us. But are you ignoring these newer issues, hoping they're just flashes in the pan? Don't be an April fool! 1. Reassessment of marijuana testing in the workplace. If you operate in a state that allows the use of...

March 30, 2018

A week doesn’t go by without a client asking me whether they can discipline an employee for exceeding the number of absences allowed on their FMLA medical certification. The fact pattern usually goes something like this: Johnny is an assemblyman at your 200-employee facility. He assembles johnson rods. He also has a chronic bad back, and it...

March 29, 2018

As the 2018 National Collegiate Athletic Association (NCAA) Division I Men’s Basketball Tournament marches with madness to its Final Four weekend in San Antonio, Texas, where a season’s champion will be crowned, most fans are finally settling down from the tumult of two weeks of buzzer beaters, bracket-busting upsets, and office pool politics. In...

March 28, 2018

Sheesh. I know I'm always preaching to employers about how not to be jerks and how to treat employees legally and fairly. But not everything is the employer's fault. How would you like to have these people working for you? Sexts.   Our first one is not technically an employee, but close enough. In a case that is getting a lot of...