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May 2014

In a bid to boost the workforce participation of individuals with disabilities and veterans, the Office of Federal Contract Compliance Programs (OFCCP) has issued new rules that became effective on March 24, 2014. These new rules apply to all Federal contractors subject to Executive Order 11246. The new disability-related rules: • Establish a "util...
Employers are now confronting several issues involving off-duty marijuana use. First, there is a new type of "synthetic" marijuana that is not prohibited by many laws. Second, many states have passed laws allowing medical use of marijuana. Third, in at least three states, state law allows the legal use of marijuana for recreational purposes. These issues ...
In settlement agreements, it is quite common for the parties to insert confidentiality provisions, such as the following: "The plaintiff shall not either directly or indirectly disclose, discuss or communicate to any entity or person, except his attorneys or other professional advisors or spouse any information whatsoever regarding the existence or terms ...
A recent case demonstrates a dilemma many employers face in defending legal claims. A plaintiff employee may successfully sue and recover only a small amount of money, but under the various discrimination laws, the laws generally provide for the employer to pay the prevailing plaintiff's attorneys' fees. In a recent decision, the plaintiff's employee obt...
It is rare for defamation claims by or against unions to successfully proceed in a union environment, but a recent case makes an exception. Thomas v. Steelworkers Local 1938, 37 IER Cases 1233 (C.A. 8, 2014). The supervisor at a steel mill established a claim subject to jury trial alleging that the vice president of the union defamed him regarding inciden...
There has been a lot of national publicity given recently after a 300+ pound Miami Dolphin tackle left the team and filed grievances of player misconduct against a teammate, a 300+ pound guard. The facts in this situation are murky, but apparently the incident was part of a hazing culture involving newer team members, goading and other incidents that got ...