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EEOC Proposed Rule on Wellness and the Americans with Disabilities Act – What Employers Need to Know

The employer community has been waiting for years to receive guidance from the Equal Employment Opportunity Commission on wellness programs and how an employer’s obligations under the Americans with Disabilities Act intersect with its rights and obligations under the Health Insurance Portability and Accountability Act (as amended by the Affordable Care Act). The EEOC finally ...
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Limiting Off-Duty Access To The Hotel

Many hospitality employers are surprised to learn that employees have a right under federal labor law to access the exterior, nonworking areas of the hotel property in their off-duty hours for union or other protected concerted activities. Hospitality employers are also surprised to learn that handbook rules prohibiting any off-duty employee access or conditioning off-duty ...
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Mark Your Calendars: The New York City Earned Sick Time Act Will Go Into Effect on April 1, 2014

Originally published in Ogletree Deakins’s eAuthority newsletter. As we previously reported in our June 2013 issue, New York City recently became the largest municipality in the country requiring employers to provide sick time to employees under the “Earned Sick Time Act.” However, in order to become effective, the Act contains a unique provision that ties its ...
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Employer’s Use of Criminal History in the Hiring Process – What Does the EEOC Say?

If you have a box on your employment application that asks if the prospective employee has ever been convicted of a felony/spent time in jail, you may want to consider removing it. The United States Equal Employment Opportunity Commission (EEOC) recently issued new enforcement guidance making clear that they will scrutinize employers’ use of arrest ...
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Becoming a Resume Lie Detector

Society of Human Resource Management studies show that 53% of job applicants lie on their resumes. Other research has placed the number at between 30% and 50%, with one 2011 study saying that 80% of resumes are – at a minimum – “misleading.” Whatever the accurate statistic, it’s clear that resume fabrication – from inflated salaries to embellished job titles to trumped-up ...
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Think Your Workers’ Compensation Covers Everything? Think Again!

You might think your workers’ compensation covers all work-related injuries and illnesses. This could prove a costly mistake. In most cases, workers’ compensation will cover work-related injuries and illnesses. But in certain special circumstances—which might apply to your company—the basic workers’ compensation policy will not provide coverage. This could leave your company on the hook for a costly workers’ compensation claim. Out-of-State Coverage On any work ...
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Global Equal Employment Opportunity Toolkit

A one-size-fits-all American-style approach to EEO compliance does not work globally because American laws on discrimination, harassment and diversity are unique in the world. Internationally, though, discrimination and harassment laws vary widely and in many countries diversity is not an issue. These differences complicate the EEO initiatives that American multinationals would otherwise launch globally. This toolkit will address the broad scope of global discrimination programs. ...
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Cross-Border Telecommuting Checklist

Belgium’s Roger Blanpain, perhaps the world’s preeminent professor of international employment law, once said that “we live in an information society, driven by knowledge in action.…[Services] can be provided via the information highways from anywhere, even from the other side of the globe…We are in a New World. It immediately becomes clear why developments in the globalized, non-material market ...
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