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The Five-Generation Workforce and Diversity Programs Image

The Five-Generation Workforce and Diversity Programs

Lizel Gonzalez

For the first time in U.S. history, the workplace is populated by workers from five generations who differ, in some cases widely, in their beliefs regarding work responsibility, work/life balance, and their relationship to their employer and co-workers.

Employment Arbitration Programs Image

Employment Arbitration Programs

Alan Berkowitz, J. Ian Downes, & Jennifer Burdick

Part One of this article explored recent developments in the arbitration context, particularly those involving class or collective action issues. The discussion concludes herein.

Features

Religion in the Workplace Image

Religion in the Workplace

Brian S. Inamine

A series of recent employment law cases should serve as a wakeup call to companies about the dangers of trying to restrict the ability of employees to practice their religious beliefs, even in the workplace.

Is Homelessness the Next Protected Class? Image

Is Homelessness the Next Protected Class?

By Robert G. Brody & Rebecca Goldberg

It may surprise you to learn that discrimination against the homeless may be unlawful ' regardless of whether your state or the federal government has expressly prohibited this practice.

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What Employers Need to Know About Heat-Related Illnesses Image

What Employers Need to Know About Heat-Related Illnesses

Shannon Green

According to OSHA, more than 30 workers have died of heat stroke each year since 2003. Here's how to prevent such tragedies.

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The Perception of Retaliation Image

The Perception of Retaliation

Gillian Watson Egan

A growing number of courts are now looking not only to protect employees who took some sort of civil rights action, but also those who can show that their employers <I>perceived</I> they took that action, even when they didn't.

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Employers Can't Fire Women for Wanting to Use Breast Pumps Image

Employers Can't Fire Women for Wanting to Use Breast Pumps

John Council

In a pointed opinion, the Fifth U.S. Circuit Court of Appeals has ruled that firing a woman because she wants to use a breast pump at work violates Title VII of the Civil Rights Act of 1964.

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Employment Arbitration Programs Image

Employment Arbitration Programs

Alan D. Berkowitz, J. Ian Downes & Jennifer L. Burdick

This article explores recent developments in the arbitration context, particularly those involving class or collective action issues, and highlights a number of significant unsettled issues that may soon be decided.

The Final Countdown Image

The Final Countdown

Timothy B. Collins & Amanda E. Layton

Regarding the Affordable Care Act, 2014 ushers in the most significant changes to date: the implementation of Health Benefit Exchanges (Exchanges) and employer "shared responsibility" provisions. Here's what you need to know.

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'Immediate and Appropriate Corrective Action' Image

'Immediate and Appropriate Corrective Action'

Anthony B. Haller & Andrew B. Cohen

Some employers may not be aware that their obligation to prevent harassment in the workplace extends to preventing harassment by non-employees, including, for example, customers, patients, and university students.

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  • 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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