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August 2019

Supreme Court Addresses How Agencies Interpret Their Own Regulations

| August 2019
Many businesses have complained about federal agencies having too much power to interpret the laws they enforce.  For example, rather than amending the law or following the process to issue a new or revised regulation, agencies often issue fact sheets, operations handbooks, court briefs, and other statements and they ask the courts to follow the agencies' i…
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WILL OBAMACARE LAST?

| August 2019
There is an important case pending before the Fifth Circuit U.S. Court of Appeals, dealing with whether ObamaCare will survive or instead be declared unconstitutional.  Last December, a Texas federal judge invalidated the entire law, after Congress in 2017 passed a law that reduced the penalty provisions to employees for being uninsured to $0.  It…
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HAIR STYLE AND DRESS CODES NORMALLY NOT SUBJECT TO DISCRIMINATION RULES, WITH SOME EXCEPTION

| August 2019
Traditionally, the discrimination laws have not addressed dress codes and hair styles, because these characteristics are mutable.  That is, most people can readily change their hair styles and dress.  For example, the U.S. Court of Appeals for the Eleventh Circuit in Atlanta has stated in the last year that "every court to have considered the issu…
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COMPARING OLD TO NEW HIRING TECHNIQUES

| August 2019
American companies for many years filled almost 90% of annual vacancies from within the company, but that portion has now fallen to less than a third.  Skeptics suggest that this decline is in spite of the fact that some research suggests that outside hires take three years longer to perform as well as internal candidates, and also cost more.  Som…
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OBESITY ALONE MAY NOT BE PROTECTED BY ADA

| August 2019
Obesity remains a controversial issue under the Americans with Disabilities Act (ADA).  Employers received some relief from the issue in a recent court ruling that obesity unaccompanied by an underlying physiological condition is not a disability protected by federal law.  Richardson v. CTA, No. 17-3508 (C.A. 4, 6/12/19); see also Aumara v. Monsan…
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RECENT CASES SHOW DANGERS EVEN WHERE AN EMPLOYER SEEMS TO BE FOLLOWING FMLA

| August 2019
Most employers are familiar with their obligations under the Family and Medical Leave Act (FMLA) and allow 12 weeks of such leave per year.  Even where employers follow these rules, they can still run afoul of the retaliation aspects of the FMLA.  A couple of recent cases illustrate this danger. In the first case, the plaintiff was disciplined wi…
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