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Avoiding An ICE Raid

It has been fewer than 100 days since Donald J. Trump became the 45th President of the United States of America. In this short time, there has been a flurry of immigration-related activity, which has caused the national...more

Web Exclusive: Preparing For Increased OSHA Enforcement In The Hospitality Industry

The hospitality industry is both a major employer and economic driver in the United States. Yet, historically, the Occupational Safety and Health Administration (OSHA) has been less than hospitable to the multi-billion dollar...more

Supreme Court Returns Transgender Bathroom Case to Lower Court

Today the U.S. Supreme Court announced that it would not entertain arguments in GG v. Gloucester County School Board, a case that would have been the Court’s first significant opportunity to weigh in on gender identity...more

Healthcare Provider Obligations For Individuals With Limited English Proficiency

This summer I wrote about the dangers of English-only policies in this age of multiculturalism. These policies tend to emerge more frequently in the healthcare workplace, the reason being – the provision of quality care is...more

Federal Judge Blocks Transgender Protections

On Saturday, December 31, 2016, a federal judge in Texas entered a nationwide preliminary injunction barring the enforcement of antidiscrimination protections pertaining to transgender and abortion health services and...more

What’s Worse – Getting The Flu, Or Getting Sued?

If the goals for the healthcare industry could be distilled to a single word, that word would be “quality.” But the manner in which a provider achieves this varies widely. What works for a large system may not be appropriate...more

Feds Ratchet Up Employer Penalties, Effective Later This Summer

While most employers were preparing for the long holiday weekend, the U.S. Department of Labor (USDOL) announced a series of civil penalty increases that will impact the nation’s employers in the very near future. On June 30,...more

English-Only Policies in the Age of Multiculturalism

The United States has long been referred to as a melting pot. But, some commentators challenge this notion, offering instead that the United States is more akin to a meal of separate and diverse ingredients; an orchestra of...more

6/7/2016  /  ALJ , EEOC , English-Only Rules , NLRA , NLRB , Section 7 , Title VII

Maintaining Patient Privacy In The Digital Age

Those in the heavily regulated healthcare industry know that patient information is sacrosanct. And for good reason; improper handling can result in hefty fines or criminal prosecution under the Health Insurance Portability...more

Legalized Discrimination Or Safety From Government Interference? What Mississippi Employers Need To Know About New Religious...

On April 5, 2016, Mississippi Governor Phil Bryant signed into law HB 1523, also known as the “Protecting Freedom of Conscience From Government Discrimination Act.” While proponents of the new law state that it simply...more

The Dawn Of A New Wild, Wild West In Mississippi? State Supreme Court Rules On Employees Workplace Firearm Rights

On March 24, 2016, the Mississippi Supreme Court issued an opinion that allowed an employee to proceed with a wrongful discharge lawsuit after being terminated for possessing a gun on company premises, significantly altering...more

Human Trafficking and the Joint Employer Standard: Traps for the Unwary

Human trafficking is a growing problem in the United States and abroad. Although the common assumption is that human trafficking involves sex, it can also involve labor. According to the Office on Trafficking in Persons, a...more

Labor Contractors Can Make Dangerous Bedfellows: Part I

According to many sources, there is a shortage of unskilled workers in the United States that is only projected to worsen, and employers nationwide are feeling the pinch. From hoteliers to seafood processors, manufacturers to...more

Supreme Court Paralyzes Paralyzed Veterans Doctrine, Affords Greater Deference To Federal Agencies

Monday, in a 9-0 decision, the U.S. Supreme Court abolished a precedent on which the regulated community has relied to keep federal agencies in check for nearly 20 years. This precedent, commonly referred to as the Paralyzed...more

Federal Court Dismissal of EEOC Suit Leaves Employers Hanging

In a closely watched ruling, an Illinois federal district court handed a victory to one particular employer, but ducked a broader ruling that would have provided general guidance to companies generally that are trying to...more

Partying In The Store

The cost of bad behavior in the workplace can be significant and assorted. Bad behavior damages morale, results in a loss to a company’s profits, jeopardizes safety, and diminishes productivity. Use of drugs and alcohol – or...more

Labor Letter, August 2013: "Black Swan" Ruling Forces Closer Look At Unpaid Interns

Unpaid summer internships are routine for some businesses, especially those in creative fields such advertising, design, music, publishing and film – all areas that have flourished locally in recent years....more

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