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FMLA Meets ADA: It’s Not Always Over When It’s Over

The Family and Medical Leave Act (FMLA) requires covered employers to provide up to twelve weeks of unpaid leave to qualified employees who have a serious health condition.

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Managing Remote, Non-Exempt Employees

Remote non-exempt employees present numerous risk management challenges, and this article addresses two of the most common.

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Police Encounter Assistance

It’s not always possible to call an attorney during a police encounter. Maybe you aren’t sure what to do. Maybe you thought everything was going to be OK, but now you’re being arrested.

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What Does a Donald Trump Presidency Mean for The Supreme Court?

The historic November 8th victory of Donald Trump has the potential to impact Federal law. Now that the Republican Party controls the Senate and Presidency the dynamics of the Supreme Court will change.

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Oklahoma Workers’ Comp Opt-Out Act Ruled Unconstitutional

The Oklahoma state Supreme Court ruled on September 13, 2016, in Vasquez v. Dillard’s that the Opt Out Act created impermissible unequal, disparate treatment of a select group of injured workers and is an unconstitutional special law under the Oklahoma Constitution.

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The Importance of Policy, Practice, and Documentation

She had repeated unexpected absences. She made routine use of intermittent FMLA. The employee’s supervisor is on the phone and wants to fire her. You, the HR professional on the front line, must ensure that enforcing company expectations does not violate employee legal rights.

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Catch-22: OSHA’s Catch-11(c)

American Novelist Richard Heller’s Catch-22 is required reading in many high school literature classes. Set in World War II, the characters struggled with their conflicting goals.

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When Is a Doctor Visit a “Treatment” for FMLA Purposes?

Ordinarily, where an employer is covered by FMLA and a qualified employee has a serious health condition, that employee may take FMLA leave to receive treatment for the condition.

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The National Labor Relations Board in The Non-Unionized Workplace

Every so often, we focus a newsletter on the technical legal aspects of an issue as part of our Advanced Topics in HR Management series.

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Temporary Disabilities and The ADA

After the Americans With Disabilities Act (ADA) was passed, the single most litigated issue was whether a particular condition was a disability. One point was resolved early: the Equal Employment Opportunity Commission (EEOC) clarified through regulations that a temporary impairment was not a disability within the meaning of the Act.

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