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Lessons from LEAP 2011

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in Employment Law,HR Management

Last month, The HR Specialist hosted the 7th annual Labor  & Employment Law Advanced Practices (LEAP) Symposium in Las Vegas. Here are a few nuggets of insight and advice from the more than 30 attorney speakers:

Broader ADA standard of ‘disability’: “After (last month’s ADAAA final regulations), you need to accept the employee’s disability unless it’s completely outrageous. Then do as much as possible to accommodate it.” — Jeff Portnoy, Cades Schutte, Honolulu

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The new NLRB: “All the (National Labor Relations Board) cases these days are going in favor of anything that will help employees organize … There’s a finite period of time before the members of the board will change, so you’re going to see a push by the board this year to get things done.”  — Jonathan Kaplan, Kiesewetter Wise, Memphis

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Washington’s shift in focus: “With the likely stalemate between the Republican House and the Democratic Senate and Administration regarding employment legislation, the focus of attention for the next two years will shift to federal administrative agencies … (The administration) will use its authority to issue new regu­lations and intensified enforcement.” — David Selden, The Cavanagh Law Firm, Phoenix

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Stale Internet-usage policies: “If you have an Internet policy that prohibits any personal use and you’re not willing to enforce that, rewrite it so that it’s more reasonable.”   — Charles High, Kemp Smith, El Paso, Texas

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Recent retaliation rulings: “The Supreme Court is clear that it’s going out of its way to protect employees from on-the-job retaliation.”  — Gerald Huffman, Curry & Friend, New Orleans

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More OSHA inspections: “OSHA is focusing more on enforcement and, these days, it’s not so easy to get those fines reduced … Everything is going into the database. So if you’ve got more than one work site, make sure there’s centralization so the right hand knows what the left hand is doing.” — Marcel Debruge, Burr & Forman, Birmingham, AL

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