• New Pregnancy Guidelines Issued by EEOC

    By Christine Malafi, Esq. August 14, 2014 Last month, the Equal Employment Opportunity Commission (EEOC) issued its written Enforcement Guidance on Pregnancy Discrimination and related issues. The Guidance, provided in the context of the Pregnancy Discrimination Act (PDA) and the Americans with Disability Act (ADA), supersedes the EEOC’s prior writings from 1983 and 1991, and applies to all employers with more than fifteen employees. During the last 16 years, pregnancy discrimination charges filed with the EEOC have substantially increased—3,900 such charges were filed in 1997 and 5,342 such charges were filed in 2013. Discrimination is usually based on unfounded beliefs that pregnant women ...

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    Thursday, August 14th, 2014

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  • Due Process Upheld for Physicians Targeted for Termination from Medicare Advantage Plans

    Physicians who receive termination notices from insurers should learn about their rights from a recent case brought by the Fairfield County Medical Association. The District Court for the District of Connecticut classified its preliminary injunction as one in “aid of ...

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    Saturday, August 09th, 2014

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  • Supreme Court Rules That Inherited IRAs Are Not Protected in Bankruptcy

    If you follow my blog, you know that I’m not much on spouting case law. But every so often a case comes along in the estate planning arena that’s worthy of passing along. In a unanimous decision on June 12, 2014, the Supreme Court of the United States, in Clark v. Rameker (June 12, 2014, No. 13 299) 2014 US Lexis 4166, affirmed a Seventh Circuit decision and ruled that inherited IRAs are not retirement funds within the meaning of the Bankruptcy Code. For those legal geeks out there, the specific part of the Code is 11 USC §§ 522(b)(3)(C) and (d)(12). This decision ...

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    Saturday, August 09th, 2014

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  • Managers – Think Twice Before Setting Negotiation Goals

    To encourage the negotiators they supervise to do their best, managers routinely rely on performance benchmarks, the promise of bonuses, and other types of goals. Adapted from “Managers – Think Twice Before Setting Negotiation Goals…,” for the May 2009 issue of Negotiation. See below for more details. But before you engage in further goal setting, consider the following real-life disasters: Under the leadership of turnaround expert Q.T. Wiles, quarterly earnings goals became a companywide obsession at disk drive manufacturer MiniScribe in the 1980s. In just one example of the unethical behavior inspired by the race for higher earnings, employees shipped bricks disguised as ...

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    Saturday, August 09th, 2014

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  • July 2014 Legal Brief – Firm Newsletter

    July 2014 Legal Brief – Firm Newsletter

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    Wednesday, July 30th, 2014

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  • Redskins’ Trademarks Canceled for Disparagement

    On June 17, 2014, the Trademark Trial and Appeal Board (“TTAB”) of the U.S. Patent & Trademark Office (“USPTO”) canceled six trademark registrations of the Redskins football team as disparaging under Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a). Blackhorse v. Pro-Football, Inc., T.T.A.B., No. 92046185, 06/18/14. Section 2(a) of the Lanham Act states that no trademark registration shall be refused unless it “onsists of… matter which may disparage or falsely suggest a connection with… beliefs, or national symbols, or bring them into contempt, or disrepute.” The 2-1 TTAB decision found that a substantial composite of Native Americans considered the ...

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    Monday, July 28th, 2014

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  • Easing Pain, Sparking Concerns

    Arthur Yermash: Employees can game the medical marijuana system. PHOTO: Bob Giglione/LIBN By: Jacqueline Birzon Now that New York has authorized five “registered organizations” to operate as many as 20 medical marijuana dispensaries throughout the state, employers are scrambling to establish new best practices concerning card-carrying employees. Gov. Andrew Cuomo on Monday signed a bill legalizing a restricted amount of medical marijuana for certified patients diagnosed with one (or more) of 10 medical conditions, a move intended to relieve pain and suffering for victims of Parkinson’s disease, cancer and other ailments. Users cannot legally smoke their pot; instead, they’re required to vaporize it or ingest it orally ...

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    Friday, July 11th, 2014

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  • Summer Employment for Minors

    While school’s out for summer, employers often hire teenagers to fill seasonal employment needs. Hiring minors comes at a price, since the law imposes numerous restrictions in their employment. As such, it is a good idea to identify and review some child labor laws applicable to employees under the age of 18. Age Requirements & Hour Restrictions The law restricts hours that employees under the age of 18 may work. The hours that minors can work depend on age, the type of work, and whether the minor is enrolled in school. New York State is one of the stricter states in the ...

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    Wednesday, July 09th, 2014

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  • Now that Workplace Bullying Was Front Page News, Will a Workplace Harassment Policy Sufficiently Protect the Company?

    Recent media coverage has heightened employer awareness of workplace bullying. This awareness, however, has created some confusion about what, if anything, should be done to address workplace bullying, and whether harassment policies are sufficient to protect the employer. While many times the characteristics of bullying and harassment can overlap, the law relating to each of these areas is different. It important for employers to understand the differences between the two and have policies in place to identify, assess, minimize, and control the risks associated with such behavior. Workplace bullying is often defined as repeated, unreasonable, and unwelcome behavior directed toward an ...

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    Wednesday, July 09th, 2014

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  • June 2014 Legal Brief – Firm Newsletter

    June 2014 Legal Brief – Firm Newsletter

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    Thursday, June 26th, 2014

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Fred Eisenbud