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Features

New Pregnancy Laws Deliver More Protections for Moms to Be ' Along with Some Challenges for Employers Image

New Pregnancy Laws Deliver More Protections for Moms to Be ' Along with Some Challenges for Employers

Kristine J. Feher

If there is one thing that is clear, it is that issues relating to pregnant women and nursing mothers are a significant focus of developing law at both the state and federal level. How should employers, especially those with multi-state operations, respond to the recent developments?

Case Notes Image

Case Notes

ljnstaff & Law Journal Newsletters

Analysis of a key case.

Features

Employers Can Decline Qualifying Leave Under the FMLA Image

Employers Can Decline Qualifying Leave Under the FMLA

Jen L. Cornell

Congress enacted the Family Medical Leave Act (FMLA) to allow employees to take necessary leave from their jobs for their own or a family member's serious health condition. Congress's intent was to help employees to "balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interest in preserving family integrity ' in a manner that accommodates the legitimate interests of employers." 29 U.S.C. ' 2601.

Columns & Departments

Case Notes Image

Case Notes

ALM Staff & Law Journal Newsletters

Discussion of an interesting case from New York

Features

Workplace Bullying Image

Workplace Bullying

Nicholas Woodfield & R. Scott Oswald

There is currently no law, either at the federal or the state level, targeted to fight workplace bullying. Thus, the laws available to victims of bullying are the traditional protections against harassment and discrimination based on membership in some protected category.

Immigration Status Image

Immigration Status

Theodore (Ted) Ruthizer & Mark D. Koestler

To provide clarity to employers as to permissible questions that may be posed to prospective employees, the authors list the most common questions that corporate clients ask ' and provide recommendations.

Employee Departures and Data Loss Image

Employee Departures and Data Loss

Scott Giordano

There are numerous ways to lose or fail to identify employee electronically stored information that could reasonably be relevant to litigation or a subpoena, and it seems that new sources appear regularly.

Features

Accommodation of Religious Grooming and Garb in the Workplace Image

Accommodation of Religious Grooming and Garb in the Workplace

Rosanna Sattler & Laura Otenti

On March 6, 2013 the Equal Employment Opportunity Commission (EEOC) issued new guidance in the form of a fact sheet and question-and-answer sheet on religious garb and grooming in the workplace. Here is what you need to know.

Features

Longer Medical Leave? Image

Longer Medical Leave?

Marlisse Silver Sweeney

It's a mistaken assumption that if an employee has exhausted all his or her time under the Family and Medical Leave Act, he or she is not entitled to additional leave under the Americans with Disabilities Act.

Features

Changes to Mental Disorders Image

Changes to Mental Disorders

Frank Cragle & Jaime Wisegarver

The Patient Protection and Affordable Care Act (ACA) is not the only health-care challenge facing employers. Recent medical disease reclassifications are affecting a large portion of America's workforce, and the long-term impact is proving difficult to predict.

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MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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