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Prepare for withdrawal liability before selling or buying a company

Multiemployer pension plan (MEPP) withdrawal liability often costs millions of dollars, even for small employers. People weighing whether to buy or sell a construction company (or its assets) will want to be aware of any potential withdrawal liability that may ...

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Protecting your company’s data: Special treatment for privileged access

When it comes to data breaches and other cybercrime, advanced attackers often abuse privileged access credentials to get to an organization’s sensitive data, infrastructure and systems. And with an increased number of companies relying on high volumes of data to ...

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Take time to think about preparing employees for the unthinkable

The recent arrest of a man who allegedly planned to shoot up a festival at the Gorge Amphitheatre in Washington serves as stark a reminder to employers that a shooting can occur almost anywhere. In workplaces, active shooters are often ...

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Jury to decide if work environment was hostile

A woman who claimed she was repeatedly subjected to racial slurs by the minor son of a supervisor can move forward with her hostile work environment suit. The plaintiff in Chapman v. Oakland Living Center Inc., Tonya R. Chapman, alleges ...

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RIF’d employee can bring age-bias claim

The Massachusetts Appeals Court has ruled in a split decision that a terminated employee could bring a “cat’s paw” discrimination claim based on evidence that a corporate reduction in force was tainted by age bias at upper levels, even if ...

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Compliance with FLMA notice requirement disputed

In a case where a company argued that an employee’s Family and Medical Leave Act claim failed because the statute required him to use the company’s “usual and customary notice and procedural requirements for requesting leave” and he used Facebook ...

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Plaintiff can’t show COVID disability was reason for firing

Where an employee alleged that he was fired because his exposure to COVID-19 led his employer to regard him as having a disability, but his complaint did not show he was regarded as disabled, he has failed to state a ...

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Evidence of pretextual firing saves ADA claim

An employee who routinely received above-average performance reviews and received the highest rating possible in her last two reviews before her termination will have her discrimination case heard by a jury. The 4th U.S. Circuit Court of Appeals vacated the ...

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HR considerations to help navigate fluctuating economic times

As inflation and other market indicators sound potential alarms bells on an economic downturn, employers could be navigating through an uptick in human resource challenges that they haven’t dealt with recently. When companies start to lay off workers, legal work ...

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Take note of one federal agency’s latest COVID-19 guidance

The U.S. Equal Employment Opportunity Commission’s latest guidance regarding COVID-19, as described in more detail below, “makes clear that going forward employers will need to assess whether current pandemic circumstances and individual workplace circumstances justify viral screening testing of employees ...

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