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► NLRB Authorizes Union Recognition Without Election

October 17, 2023

On August 25, the National Labor Relations Board (NLRB) issued a monumental decision in Cemex Construction Materials Pacific, LLC, enacting a new framework for unions to gain recognition without a formal represen-tation election. What Cemex Ruling Says Under the Cemex ruling, an ...

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► Lessons From the Defamation Lawsuit Against Rudy Giuliani

October 13, 2023

Readers may have noticed news reports that on August 30, a federal judge declared Rudy Giuliani was on the losing end of a defamation lawsuit filed by two Georgia election workers. He had claimed they were involved in election shenanigans but ultimately, the accusation was baseless. But that ...

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► Legalized Gambling: What Employers Need to Know

October 11, 2023

Employers throughout the country are facing new challenges because of many states’ efforts to legalize conduct previously prohibited by criminal law. While this conduct has long been illegal, the changes to state law mean employers must now confront the intersection of what is now legal and ...

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► Denying Religious Accommodations Now More Difficult

October 9, 2023

Title VII of the Civil Rights Act of 1964 (Title VII) requires employers to accommodate employees’ sincerely held religious beliefs unless accommodation would result in an undue hardship. Historically, denial of a religious accommodation has carried a minimal burden of showing hardship, ...

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► Don't Get Bit by COBRA When Employees Leave

October 5, 2023

The Consolidated Omnibus Budget Reconciliation Act, which stands for COBRA, has been around for a long time. Still, it remains the source of thorny compliance problems and a fertile ground for litigation. The sheer complexity of the COBRA scheme, and the timing issues involved, can throw off even ...

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► Is Unpaid Leave an Appropriate ADA Accommodation?

September 25, 2023

When an employee comes to you with a proposed job modification to accommodate a health condition, consider the requested accommodation. But remember: You can offer a different accommodation that addresses the employee’s health condition but doesn’t pose the operational challenges the ...

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► Resolving Whether Arbitration is the Best Option

September 22, 2023

If you run a business, you’ve probably encountered arbitration clauses. These contractual provisions require parties to resolve disputes in private proceedings instead of court and are celebrated as a cost-effective alternative to in-court litiga-tion. But arbitration might not always be a ...

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► Properly Protecting Your Employees' Personal Information

September 21, 2023

If they have not already, employers should take steps now to properly protect the personal infor-mation of their employees. A recent decision from the U.S. 11th Circuit Court of Appeals clarifies that employers have a special relationship with their employees and owe a duty to their employees to ...

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► I-9 Employment Verification and PEOs - What To Do?

September 18, 2023

Every employer is required to have a new hire complete the Form I-9 within three business days of hire (sometimes referred to as the “Thursday” rule). This is because the Form I-9 is used to substantiate that a worker is authorized to work in the United States. In addition, some ...

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► Government Regulation of AI is Coming, so be Prepared

September 13, 2023

Hate it or love it, an artificial intelligence (AI) revolution is going to affect our job market. With the launch of ChatGPT in November 2022, it isn’t hyperbole to suggest our eco-nomy sits at a historic inflection point. The impact of AI depends on many variables. Importantly, government ...

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