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23 Feb 2017, 4:38 am by Ryan Kunkel and Todd Hanchett
  Employers could prohibit employees from using marijuana during their personal time if there is a “bona fide occupational qualification,” like safety. [read post]
22 Feb 2017, 5:04 am by Kelly Phillips Erb
Bona fide charitable organizations have, as their mission, to benefit the public. [read post]
21 Feb 2017, 9:37 am by Green and Associates
 The United States contends that the payments and meals were intended as improper inducements because Forest provided these benefits even when the programs were cancelled (and Forest provided no evidence of a bona fide reason for the cancellation), when no licensed health care professionals attended the programs, when the same attendees had attended multiple programs over a short period of time, or when the meals associated with the programs exceeded Forest’s internal… [read post]
21 Feb 2017, 9:37 am by Green and Associates
 The United States contends that the payments and meals were intended as improper inducements because Forest provided these benefits even when the programs were cancelled (and Forest provided no evidence of a bona fide reason for the cancellation), when no licensed health care professionals attended the programs, when the same attendees had attended multiple programs over a short period of time, or when the meals associated with the programs exceeded Forest’s internal… [read post]
6 Feb 2017, 11:20 am by Ron Coleman
 Fromer continues: [A] certifier’s incentives will typically lead it to establish itself as a reliable certifier of a standard about which society cares. [read post]
1 Feb 2017, 5:10 am by Jonathan H. Adler
I was an acting solicitor general for President Barack Obama; Judge Gorsuch has strong conservative bona fides and was appointed to the 10th Circuit by President George W. [read post]
24 Jan 2017, 1:26 pm by Holland & Hart
Revision to Statute Banning Health Care Non-Compete Agreements  SB 82, introduced by Sen. [read post]
24 Jan 2017, 5:15 am by Timothy P. Flynn
One was the Hobby Lobby case which challenged the "contraception mandate" of the Affordable Care Act; Judge Gorsuch wrote a concurring opinion in the en banc rehearing that sided with the company and the decision was largely vindicated by the subsequent SCOTUS opinion.Considering the importance of the SCOTUS functioning with a full compliment of justices, and considering how important it is for conservatives [President Trump arguably not among them] to replace a conservative… [read post]
12 Jan 2017, 6:00 am by Yosie Saint-Cyr
They suggest that drug testing in workplaces can only be used if it is to satisfy bona fide occupational requirements. [read post]
9 Jan 2017, 7:54 am by Rebecca Tushnet
  The government also doesn’t care why you chose the symbol at issue—maybe you want to reclaim the number fourteen for non-Nazis, or maybe you want to show your Nazi bona fides; either way, it’s the reaction of the targeted group that matters and not your malign or benign viewpoint. [read post]
3 Jan 2017, 1:54 pm by Joy Waltemath
EEOC, the litigation concerns the intersection of the ADA, GINA, the Health Insurance Portability and Accountability Act (HIPAA), the Affordable Care Act (ACA), and their various implementing regulations, as applied to employer-sponsored wellness programs. [read post]
1 Jan 2017, 1:05 pm by Schachtman
Surely no one behind me heard her, and she clearly did not care. [read post]
29 Dec 2016, 4:00 am by Paula Bremner
Although the court was careful to officially state that its findings on construction and validity were not based on the file wrapper, it is equally clear that the court carefully examined the repeated protests, their apparent bona fide effect on prosecution, and subsequent responses and claim construction by the patentee. [read post]
23 Dec 2016, 1:41 pm by Denise Erlich
This means taking care of transportation needs and any expenses these activities create. [read post]
23 Dec 2016, 3:29 am by Ron Coleman
If you care about this stuff and you’re not following @gmlevine on Twitter, you are in error about one or the other. [read post]
15 Dec 2016, 7:35 am by Joy Waltemath
Likewise, proposed legislation that would bar the EEOC from commencing suit unless it has exhausted its informal conciliation obligation and certifies that the parties are at an impasse, with the question of whether the agency actually engaged in bona fide conciliation subject to judicial review, may now find legs and become law. [read post]
24 Nov 2016, 8:16 am by Lisa Stam
Constructive Discrimination Few employers would discriminate flatly on the grounds that someone is caring for aging parents or taking care of kids if the employee is otherwise a reliable, high performer. [read post]
23 Nov 2016, 4:18 pm by Evan Mix and Thomas Kaufman
Deciding how to proceed in light of this ruling will require careful consideration of each employer’s unique situation. [read post]
22 Nov 2016, 6:43 pm by Scott R. Flick
  As part of that effort, Senator Lamar Alexander of Tennessee recently introduced S.3464 in the Senate, which would phase in the higher salary threshold over several years, and offer some relief to nonprofits, colleges and universities, certain health care providers, and state and local governments. [read post]