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Briggs and Morgan

What is “just cause” termination?

USA - November 6 2013 There are a lot of loose terms in the world of employment law. Terms such as "at-will", "contract", "progressive discipline" and other common terms

Do employees have a right under the NLRA to wear shirts that say “inmate” and “prisoner” while working?

USA - July 22 2015 No - a federal appeals court recently rejected the argument that the National Labor Relations Act (NLRA) protects an employee who wears a shirt that

What constitutes an undue hardship under the Americans with Disabilities Act (ADA)?

USA - December 19 2012 The Americans with Disabilities Act (ADA) generally requires employers to provide reasonable accommodations to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability unless the employer can demonstrate that the accommodation would impose an undue hardship

The Faragher-Ellerth affirmative defense

USA - January 3 2012 The Faragher Ellerth affirmative defense is a valuable tool that can help employers avoid liability for alleged unlawful harassment

DOL issues new guidance regarding independent contractors

USA - July 20 2015 On July 15, 2015, the U.S. Department of Labor released new guidance regarding the classification of workers as either independent contractors or

Is employee “free speech” a constitutional right?

USA - July 29 2015 "Free Speech," or "First Amendment Rights," is a fundamental concept of modern society, but in the employment context, it has its limitations. First

Significant changes to IRS determination letter program

USA - July 27 2015 On July 21, 2015, the Internal Revenue Service announced significant changes to the determination letter program for qualified retirement plans. The

Do employees have a right under the NLRA to wear shirts that say “inmate” and “prisoner” while working?

USA - July 22 2015 No - a federal appeals court recently rejected the argument that the National Labor Relations Act (NLRA) protects an employee who wears a shirt that

DOL issues new guidance regarding independent contractors

USA - July 20 2015 On July 15, 2015, the U.S. Department of Labor released new guidance regarding the classification of workers as either independent contractors or

Second Circuit rejects DOL’s 6-factor test for unpaid interns

USA - July 13 2015 The Second Circuit Court of Appeals recently issued a decision rejecting the 6-factor test developed by the U.S. Department of Labor to determine