Wednesday, July 6, 2016

Legal News & Knowledge: July 2016 Edition

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Employment Law

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Now What? Drug Testing in the Wake of Medical Marijuana

By Elizabeth Crosby, Esq.
 
Earlier this month, Ohio legalized the use of marijuana for medical purposes, fueling concerns over the extent to which Ohio employees are now legally permitted to report to work under the influence of marijuana. Ohio is now one of 25 states that permit the use of marijuana for pain management and treatment of various medical conditions.

Full Article
 



Two Studies Claim Ban the Box Policies May Have Unintended Consequences

By Thomas Ahearn
 
Two studies on "Ban the Box" policies that prevent employers from asking job applicants if they have a criminal record on initial applications . . . claim that these well intentioned laws meant to help ex-offenders re-enter the workforce may have the unintended consequence of causing more harm than good for minority job seekers.

Full Article
 



Four Take-Aways from an Employer's Misuse of Overly Broad Noncompete Agreements

By Jason Shinn
 
Using a broad brush to draft noncompete agreements that are applied universally to a company's workforce is increasingly coming under fire. And this exposes companies to unnecessary litigation risks, as well as legal fees associated with enforcement costs.

Full Article
 



Highly Compensated Employees: The "Other" FLSA Exemption

By HR Insights Blog
 
If you are like most employers in Northeast Ohio, as soon as the FLSA Final Rule was published back in May, your first step was to take a look at those employees on your payroll that make less than $47,476.

Full Article
 



"Exceptions Reporting" Timekeeping: Is It The Answer?

By John Thompson
 
Due to coming changes in the U.S. Labor Department's compensation requirements for the federal Fair Labor Standards Act's "white collar" exemptions, many employers will no longer rely upon those exemptions for at least some workers beginning no later than December 1, 2016.

Full Article
 


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The ADA

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Disabled employee wants to work from home? That may be a legitimate ADA accommodation

By The HR Specialist: California Employment Law
 
Disabled employees with the right kind of jobs may be entitled to work from home or another remote location as a reasonable accommodation. But, it all depends on the type of job and whether there are essential functions that cannot be performed from a home setting.

Full Article
 



Side Effects of Medication, Bad Conduct and ADA Protection

By William Goren
 
It has been awhile, almost 3 years, since I visited the issue of bad conduct v. having a disability. This particular case explores what happens when the side effects of medication leads to bad conduct and the person is terminated.

Full Article
 



Revisiting the direct threat defense under the ADA

By Kathy Neal
 
A "direct threat" involves a significant risk of substantial harm to the health or safety of the employee or others that cannot be eliminated or reduced by a reasonable accommodation. A recent case in Oklahoma involved an employee with epilepsy who worked in a plant that manufactured ceramic tile products.

Full Article
 


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Workers' Compensation

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Traveling Employees, Personal Errands, and Workers' Comp Benefits

By David P. Nomberg, Esq.
 
With the recent Alabama Court of Civil Appeals decision of Hospice Family Care v. Allen, No. 2140861 (Ala. Civ. App. June 10, 2016), employees who are injured during the course of running personal errands may still be able to recover workers' compensation benefits.

Full Article
 



OSHA to Post Employer Injury Data Online, Will Require Employers to Submit Logs Electronically

By Seyfarth Shaw LLP
 
OSHA will release this information publicly on its website, believing that its disclosure will shame employers into improving workplace safety.

Full Article
 



IA Construction v. WCAB (Rhodes) and the Burden of Proof

By Mitchell H. Dugan, Esq
 
Several years later, IA Construction filed for an impairment rating evaluation (IRE) to determine if Rhodes' condition had improved enough to lower his disability status to partial.

Full Article
 



Where work comp's fraud problem REALLY lies

Posted by Joe Paduda
 
The construction premium fraud racket may well be a far bigger issue for workers' comp than the sum of individual claimant problems. That's my conclusion after listening to several experts who deal with this issue every day, in every state.

Full Article
 


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Real Estate and Property Management

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Can I Accept Rent After I Serve an Eviction Notice on a Tenant?

By Brittany M. Pace, Esq.
 
Landlords are often confronted with the issue of whether they can accept rent from a tenant after the landlord serves the tenant with a three-day eviction notice. The answer depends on the answer to a few other questions.

Full Article
 



How Multifamily is Blending Retail with Residential

By Tim Blackwell
 
Mixed-use in multifamily is going horizontal. Essentially, the horse is now coming before the retail cart, and it's strolling outward instead of upward.

Full Article
 



My Kids Asked for a Treehouse and Got a Lesson in Value Add Real Estate Investing Instead

By Jeffrey Reder
 
A few weeks ago, my son declared that he wanted me to build a treehouse in our backyard. My daughter was in the car and quickly encouraged the idea as well. The rest of the drive home was filled with discussion about where this treehouse would be located, what features it should have, what color it would be, etc.

Full Article
 



Does Management Have to Process a Reasonable Accommodation or Reasonable Modification Request Even if the Resident Has Failed to Pay His Rent? Yes.

By Scott M. Badami
 
Here is a fact pattern that is just all too common in our fair housing management world. A resident, for example, stops paying his rent.

Full Article
 



7 Ways to Master Apartment Marketing

By Tim Blackwell
 
There's no question that many of today's prospective residents are shopping for housing on the internet, searching through websites and even signing leases before they've even stepped foot on the property.

Full Article
 


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Immigration

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Not Every Degree Qualifies Foreign Nationals for H-1B Master's Cap

By David H. Nachman, Esq.; Michael Phulwani, Esq.; and Rabindra K. Singh, Esq.
 
Immigration practitioners, F-1 students, and prospective H-1B employers should note that not every master's degree from a United States college or university qualifies a foreign national for the additional 20,000 H-1B visas under the H-1B "master's cap". For an individual to qualify under the master's cap, a few criteria need to be met.

Full Article
 



Supreme Court's DACA Ruling Will Affect Millions

By Jason Finkelman
 
The Supreme Court's decision last week to continue to block President Obama's executive actions on immigration will have major consequences on the U.S. labor market.

Full Article
 



The Whys and Hows of Education and/or Experience Evaluations in the Context of H-1B Visa Preparation and Filing

By David H. Nachman, Esq.; Michael Phulwani, Esq.; and Rabindra K. Singh, Esq.
 
In order to successfully obtain an H-1B visa, it is mandatory that not only the prospective H-1B employee but both the proffered position and prospective employee should qualify for the H-1B visa

Full Article
 


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