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August 2015

On August 27, 2015, the last day of Harry Johnson, III's term as a Board member, the National Labor Relations Board issued its long-awaited decision in Browning-Ferris Industries of California, Inc. The Board voted 3-2 to change its joint employer...
What could WDBJ7-TV have done to prevent Wednesday morning’s tragic on-air murders? Unfortunately, probably not a thing.I’m a second-guesser, and I have spent much of the last 48 hours racking my brain about what the CBS affiliate in Roanoke,...
Addressing an issue that the Second Circuit had not explicitly touched before, the court just held that parties cannot privately resolve and/or discontinue an FLSA claim, without the supervision of the DOL or court approval.  Cheeks v. Freeport...
Do you know what happens when you maintain a policy or practice that requires an employee to return to work without restrictions or “100% healed”?  You pay.  A lot.Just ask Brookdale Senior Living Communities. Brookdale employed...
In response to standard negative performance feedback from a supervisor, an employee takes a leave of absence due to stress and submits a medical note stating that the employee must be transferred to another department as an accommodation. Under...
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