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September 2021

federal buildings

Important Federal Ruling Demonstrates Interplay of Intermittent Leave, ADA and FMLA

| September 2021
Few problems vex employers as much as figuring out the interplay of leaves of absence required by the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), particularly when they involve intermittent leave, irregular and unreliable attendance.  A recent case from the federal appeals court for the Eighth Circuit addresses these issue…
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business buildings

Trump Business-Friendly Joint Employer Rule Officially Overturned

| September 2021
The current Administration has completed its rejection of the Trump-era joint employer rule by issuing a final rule in late July rescinding the 2020 joint employer rule.  The Trump regulation would have limited the circumstances under which multiple businesses share liability for wage or other violations.  These issues concern major cases such as the "poste…
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cdc

CDC Guidelines on Indoor Masks Changes

| September 2021
In late July, the Centers for Disease Control and Prevention (CDC) recommended that vaccinated people resume masking indoors in certain parts of the country.  In May, the CDC had issued guidance that vaccinated people no longer need to mask or physically distance in most indoor and outdoor settings.  According to CDC data, about 46% of U.S. counties are con…
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donkey, outdoors

Democrats Lay out Their Agenda at Labor Board

| September 2021
In late July, two well-known union attorneys were confirmed by the Senate as members of the National Labor Relations Board (NLRB), David Prouty and Gwynne Wilcox.  Prouty replaces Republican member William Emanuel, whose term expires in late August, and Wilcox will fill a vacant seat, giving the Democrats a 3-2 edge.  Wilcox is best known for suing McDonald…
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