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|No. 9 - Silent Night: Your Employee Mother and Child|
Frances M. Haas; Nyemaster Goode, P.C.;
December 17, 2013, previously published on December 11, 2013The holiday season reminds us of all the joy a newborn brings to the world. On a more practical note, the season may also remind employers of a growing number of laws implicated by pregnant or recently pregnant employees. Below are a few thoughts to keep in mind when reviewing and applying...
|New Jersey’s Mandatory Gender Discrimination Notice Available|
Jackson Lewis P.C.;
December 17, 2013, previously published on December 13, 2013The New Jersey Department of Labor has issued a new mandatory gender equity notification form. Employers with at least 50 employees, whether working inside or outside of New Jersey, must conspicuously post the notice, as well as distribute it to employees (P.L. 2012, c.57). The notification serves...
|Indiana Court Finds Employee’s Attempt At Humor Was Not Protected Religious Expression|
Brian L. McDermott; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 17, 2013, previously published on December 13, 2013Ronald Ogle worked as a Community Employment Specialist for the Indiana Department of Workforce Development (IDWD). On November 10, 2012, he forwarded to his coworkers an email that included a picture of a barbeque restaurant named “Little Pigs Genuine Pit.” The restaurant’s...
|Human Rights Day - Continuing the Fight to Protect and Defend Inherent Human Rights|
Robert J. McConnell; Motley Rice;
December 16, 2013, previously published on December 9, 2013On December 10th the United Nations and the world will celebrate the 63rd annual Human Rights Day. This annual celebration commemorates the adoption by the United Nations in 1948 of the Universal Declaration of Human Rights. Today the focus of this day is embodied in countless worthy initiatives -...
|Supreme Court of Canada Upholds Union’s Right to Freedom of Expression|
Albert Nolette; Field Law;
December 13, 2013, previously published on December 5, 2013As noted in our latest Privacy Press update, recently the Supreme Court of Canada in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62, determined that Alberta’s Personal Information Protection Act (the “PIPA”)...
|On the First Day of Privacy, The OCR Gave to Me .....|
Dianne J. Bourque, Kimberly J. Gold; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
December 12, 2013, previously published on December 9, 2013The year 2013 started with a bang for HIPAA-regulated entities, with the passage of the long-awaited HIPAA Omnibus Rule, implementing privacy, security, breach notification, enforcement and other provisions of the HITECH Act. Omnibus Rule momentum carried through much of the year with an...
|Did An Employer Inflate Its Worker’s Performance Deficiencies as a Pretext for Disability Bias? Mass. Court Says Maybe|
Jermaine L. Kidd; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 11, 2013, previously published on December 9, 2013On November 4, 2013, in Akerson v. Pritzker, No. 12-10240-PBS, the U.S. District Court for the District of Massachusetts rejected the race discrimination and Equal Pay Act claims brought by a former employee of the U.S. Census Bureau’s, but allowed her Rehabilitation Act claims to proceed to...
|Subsequent Performance in the Commercial Law: No Additional Reimbursement - Civil-Law|
Michael Rainer, Michael Rainer; GRP Rainer LLP;
December 11, 2013, previously published on December 11, 2013A company buying defective goods from another company may demand replacement of the defective goods, but not reimbursement for additional costs.
|Beginning Of ENDA in Sight|
Elizabeth A. Cordello; Underberg & Kessler LLP;
December 11, 2013, previously published on November 26, 2013Chances are now better than ever that the proposed Employment Non-Discrimination Act (ENDA) will soon become federal law. Modeled closely after Title VII of the Civil Rights Act and the Americans with Disabilities Act, ENDA prohibits workplace discrimination based on sexual orientation and gender...
|OFCCP Reveals Plans for Releasing Proposed Rules in 2014|
Linda Cavanna-Wilk, Karen M. Tyner; Ford & Harrison LLP;
December 10, 2013, previously published on December 5, 2013Executive Summary: The OFCCP has released its semiannual regulatory agenda, in which the agency discusses the issues it plans to address in 2014. According to the agenda, the OFCCP will be issuing proposed rules on pay data collection, revised sex discrimination guidelines, and updated affirmative...