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Employee’s Refusal to Take Drug Test Could Not Support Age and Gender Discrimination Claims

Jackson Lewis P.C. • January 16, 2018
A federal court in Massachusetts dismissed the age and gender discrimination claims of a long-term employee who was fired after he refused to take a “reasonable suspicion” drug test. Tombeno v. FedEx Corporate Services, Inc., CV. No. 16-cv-40008-TSH (D. Mass. Jan. 9, 2018).

Addressing Requests for Additional Time Off After a Leave of Absence: Walk in the Park, or Maze Without a Map?

Ogletree Deakins • January 16, 2018
Is additional time off after a leave of absence a “reasonable” accommodation? The answer is unclear, and usually is “It depends.” Federal courts recently have disagreed with each other on the issue, and the question has received continued and increasing attention after the EEOC’s 2016 Guidance on medical leaves under the Americans with Disabilities Act.

An Update from AGC’s Winter National Safety Committee Meetings.

Fisher Phillips • January 16, 2018
Folks who follow my writing know that of the many groups to which I speak, the AGC National Safety Committee is my favorite. I love the industry and I value the clients and contacts who have become friends, even Bob Emmerich, Jim Goss, Bo Cooper, Rick Reubelt, Carl Heinlein, Kevin Turner, Tommy Lee, and of course, our AGC leader, Kevin Cannon.

Reminder! California Employers Must Provide Notice of the Federal and California Earned Income Tax Credit

Jackson Lewis P.C. • January 15, 2018
California employers should remember that they must revise their notice to employees regarding the federal Earned Income Tax Notice to include California’s version of it. Effective January 1, 2017, employers must revise their notice to employees regarding the earned income tax credit when issuing W-2 or 1099 forms.

Consider This – Minnesota Court Of Appeals Again Requires Proof Of Additional Consideration For Non-Compete Agreements For Existing Employees

Jackson Lewis P.C. • January 15, 2018
In October and November of this past year, we wrote about two Minnesota court decisions – Mid-America Business Systems v. Sanderson et al., Case No. 17-3876 (Dist. Minn. Oct. 6, 2017) and Safety Center, Inc. v. Stier, Case No. A17-0360 (Minn. App., Nov. 6, 2017) — that addressed the adequacy of consideration that is provided in exchange for entry into a non-compete agreement.

Obesity Discrimination Claims Allowed to Proceed Under California Law

Jackson Lewis P.C. • January 10, 2018
Is obesity a disability under California law? Are a supervisor’s alleged “fat remarks” sufficient evidence of disability discrimination? On December 21, 2017, a California Appellate Court published an extensive decision regarding obesity as a disability under California law and issued further guidance on both counts.
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