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IAML Insights

November 03, 2017

As frequent contributor, Bill Pokorny reported back on August 31, a Texas District Court struck down the Obama Administration’s FLSA Overtime Exemption Rule, holding that the Department of Labor (DOL)  exceeded its authority by increasing the minimum salary for the Executive, Administrative, and Professional Exemptions to $913...

November 02, 2017

Over the past year, we have all watched the garish spectacle of various sexual harassment scandals take down powerful men in media, Silicon Valley, and most recently Hollywood, where allegations of Harvey Weinstein’s lurid conduct have engulfed the industry. And we have read a lot of typical advice from law firms in the wake of all this: make sure...

November 01, 2017

An Apple employee lost his job this week after his daughter, Brooke Amelia Peterson, posted a YouTube video of her dad’s brand new, unreleased iPhone X.ReCode has the details: Peterson posted a five-minute video of a September day in Silicon Valley, which mostly included shopping for makeup and clothing. Harmless, and not unlike...

October 31, 2017

How much do you know about an employer’s reasonable accommodation obligations under the law(s)? Take this quiz and find out! Question 1: Which of the following federal employment laws require reasonable accommodation, either by their terms or as courts have interpreted them over the years? A. The Americans with Disabilities Act B....

October 27, 2017

There may not be an issue that strikes more fear in the land of HR than how to deal with an employee who cannot return to work after FMLA leave expires. Is some additional leave beyond 12 weeks required? The answer is almost always ‘yes.’ But how much leave are we obligated to provide? For ages, I’ve carefully counseled my clients on...

October 26, 2017

According to a recent survey, 57% of American employees admit to swearing at work. (To me, that seems low. Also, count me in the “yes” column.) Where is the line between swearing as harmless workplace banter and swearing as harmful unlawful harassment?  Consider these two examples. In Passananti v. Cook County, the 7th Circuit...