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Nyemaster on Labor, Employment, & ERISA

December 16, 2014

In a 3-2 decision issued last Thursday, the National Labor Relations Board held that employees can use an employer’s email system for Section 7 organization purposes. Purple Communications, Inc., and Communication Workers of America, AFL-CIO, Case Nos. 21–CA– 095151, 21–RC–091531, and 21–RC–091584 (December 11, 2014). The Board explained that the workplace is... Read More

August 29, 2014

Some wellness experts advise that a truly effective wellness program must include real incentives and penalties to induce active participation – and medical examinations to gauge employee progress. For quite some time, we at Nyemaster have been warning that one of the risks associated with an aggressive wellness program is... Read More

July 25, 2014

Last week, the Iowa Supreme Court affirmed the district court’s judgment in favor of the state in Pippen v. State of Iowa et al, No. 12-0913, a class-action employment-discrimination case brought under Title VII and the Iowa Civil Rights Act. The class of over 5,000 was represented by twenty-three African-American... Read More

July 1, 2014

On June 27, the Iowa Supreme Court decided in Goodpaster v. Schwan’s Home Service, Inc., that it will look to the ADA (Americans with Disabilities) Amendments Act of 2008 (“ADAAA”), 42 U.S.C. §§ 12101-12213, when interpreting the meaning “disability” under the Iowa Civil Rights Act (“ICRA”). The ICRA contains a circular... Read More

July 1, 2014

Aaron Cannon has been blind since birth. He enrolled at Palmer College of Chiropractic in 2004, despite warnings from a school representative that Cannon’s blindness would make it difficult, if not impossible, for him to meet the Palmer’s technical standards, which require “sufficient use of vision . . . necessary... Read More

April 4, 2014

National “Equal Pay Day” is observed on April 8, 2014. To commemorate Equal Pay Day, the United States Senate plans to hold a vote on the Paycheck Fairness Act. The stated purpose of the Paycheck Fairness Act is to enhance the Fair Labor Standards Act (“FLSA”) to take further steps... Read More

December 23, 2013

This term, the Iowa Supreme Court will likely decide appeals in employment-related cases, including cases interpreting the Iowa Civil Rights Act. In September 2013, the Court heard oral argument in Pippen, et al. v. State of Iowa, et al. This appeal followed a month-long bench trial in a class-action lawsuit. The... Read More

December 20, 2013

The holidays seem to put everyone in a giving mood, including many employers who give holiday or year-end bonuses to employees. These generous employers should be aware that certain federal and state laws, including the Fair Labor Standards Act (“FLSA”), Family Medical Leave Act (“FMLA”), Americans with Disabilities Act (“ADA”),... Read More

December 19, 2013

This year we have had to tackle quite a few difficult situations with romantic relationships in the workplace. It’s hard to say that the number of romances in the workplace has increased over the years, but many employers’ desire to address them has. One of the major problems with relationships in... Read More

December 18, 2013

Along with the holidays, this time of year often brings winter weather issues for many employers. How do you handle weather related closings? What if your business remains open but employees cannot get to work? Do you pay employees under such circumstances? The best defense to winter weather is a good... Read More

 
 
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