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IAML Insights

June 30, 2017

Yesterday’s post discussing Arias v. Raimondo as the worst employment-law decision of 2017 was way more controversial than I imagined. To me, it’s a no-brainer. It’s dangerous for courts to hold an employer’s lawyer liable for retaliation against the employees of the lawyer’s client. It will chill an attorney’s ability to...

June 29, 2017

On June 28, 2017, OSHA proposed a five-month extension for certain employers to electronically file their 2016 OSHA 300A Annual Summary Forms with OSHA. The deadline is currently set to arrive on July 1, 2017. As proposed, the new deadline is December 1, 2017. The extension comes under OSHA’s new rule, “Improve Tracking of Workplace...

June 29, 2017

A law was born.  On June 23, 1972, President Richard Nixon signed into law Title IX of the Education Amendments Act of 1972: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal...

June 28, 2017

I’ll be vacationing in California with my family the first two week of July. After reading the 9th Circuit’s decision in Arias v. Raimondo—holding an employer’s attorney for liable for FLSA retaliation against his client’s employee because the employee sued his client for unpaid overtime—I’m thinking of adding the 9th Circuit to my list of...

June 23, 2017

Employers have a legal obligation to investigate knownsexual and other unlawful harassment, and exercise reasonable care to prevent and promptly correct any unlawfully harassing behavior. When in harassment “known” by an employer such that it triggers this obligation? EEOC v. AutoZone (6th Cir. 6/9/17) offers some key...

June 22, 2017

The Witch: I’m not a witch! I’m not a witch! Sir Bedevere: But you are dressed as one The Witch: *They* dressed me up like this! Crowd: We didn’t! We didn’t… The Witch: And this isn’t my nose. It’s a false one. Sir Bedevere: [lifts up her false nose] Well? Peasant 1: Well, we did do the nose. Sir Bedevere: The nose? Peasant 1: And the hat, but she...
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