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Monday, April 4, 2022

LABOR LAW: Employer lessons From The Will Smith Slap Heard Around The Country


RICHMOND TIMES DISPATCH: Most of us have now seen the infamous slap that actor Will Smith gave host Chris Rock during the Oscars. Smith went on stage and slapped Rock after Rock made a joke about Smith’s wife’s hair.

Rock claims not to have known that Smith’s wife was bald due to a medical condition, alopecia.

Smith followed the slap by a foul-mouthed declaration to Rock.

Here are six employer lessons from the Oscars incident.

1. Violence is never justified and should never be tolerated.

At the time Smith walked on stage and slapped the host of the show, Rock was working and doing his job. This event constituted workplace violence.

There has been much commentary on whether Rock’s joke went too far, and thus justifying Smith’s actions.

Rock’s joke about a medical condition would not be tolerated in the workplace, but as a hired comedian, only the Oscar planners can determine the parameters of what is off limits.

In the workplace, Rock would have been disciplined for disparaging or joking about another person’s medical condition. 

But Rock’s insensitive joke, even if made while working at an organization, does not justify Smith’s response.

Employers must never tolerate any violence, or threats of violence, and never excuse or justify it.

Any act of violence, or threat of violence, even if someone believes the person is kidding, should result in dismissal. 

2. Implement a robust policy against workplace violence.

Every employer needs a policy against violence, threats of violence, or violent behaviors (such as yelling, slamming doors, throwing objects and other angry behaviors) and an associated zero-tolerance stipulation.

3. Remove anyone accused of violence immediately.

Instead of immediately removing Smith following the incident, Oscar planners seemed to have no response, and subsequently gave him an award. It doesn’t matter if Smith was the most important person in attendance, if he was about to be given a big award or if they thought he was somehow justified — he, like any employee accused of violence, should have been removed immediately, pending an investigation.

Upon removal from the workplace, an accused employee should be instructed not to return to any work location, or contact anyone in the organization other than the investigator, pending the investigation.

4. Rock chose not to press charges, but that shouldn’t change the employer’s response.

Too often organizations rely on the criminal proceeding to determine whether and how to address violent workplace behavior. The criminal process is separate from the employer’s response. It doesn’t matter if Rock decided to press charges (which he reportedly declined).... 

Please Read More Here: 

https://richmond.com/business/local/labor-law-employer-lessons-from-the-will-smith-slap-heard-around-the-country/article_e78996a9-2f1a-5a4d-a02e-67e444032815.html

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Monday, August 10, 2020

The top 7 recent employment law cases workforce managers should know


In this ever-changing landscape, it is increasingly important to keep up to speed on the latest employment legal cases and ...

https://www.workforce.com/news/the-top-7-recent-employment-law-cases-workforce-managers-should-know

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Sunday, February 2, 2020

Richmond.com
Labor Law: New labor rule issued on joint employment liability
The U.S. Department of Labor recently implemented a final rule clarifying when an employee has multiple employers and thus could hold ...

Wall Street Journal (blog)
New U.S. Rule Limits When Two Companies Share Liability for Labor-Law Violations
A new Labor Department rule will make it more difficult for workers to claim to ... National Employment Law Project, a worker advocacy group, ...

Employee Benefit News
Why some employers are fighting a new California labor law
A new labor law went into effect in California at the start of the year that says employers in the state must hire workers as employees, not ...

The New York Times
Chipotle Is Fined $1.4 Million in Vast Child Labor Case
Faced with a mounting labor shortage and high employee turnover, restaurant ... Child labor laws vary significantly from state to state, making it ...

Today.com
Chipotle fined $1.3 million over thousands of child-labor law abuses
“We hope these citations send a message to other fast food chains and restaurants that they cannot violate our child labor laws and put young ...

The San Diego Union-Tribune
Econometer: Should legislators consider modifying California's labor bill AB 5?
Econometer: Should legislators consider modifying California's labor bill ... The law sought to turn independent workers into actual employees, ...

Sludge
Biden and Buttigieg Take Big Bucks From Union-Busting ...
Attorneys at law firms with notable histories of anti-worker actions have been ... The firm's Labor and Employment group offers legal services ...

QSR magazine
Chipotle Fined $1.37M for Violating Child Labor Laws
Chipotle also did not properly notify employees of their rights as it relates to sick time ... In fiscal year 2019, Healey's office issued 41 citations for child labor law ...

MPNnow.com
NY Farm Bureau grapples with labor law
A top priority is amending the law and offsetting farmer labor costs, ... that farms have professional level employees, including farm managers, ...

The National Law Review
Workplace Response to Coronavirus: Employment Law Concerns
Along with workplace safety and health issues, employers must consider other significant employment and labor law issues that will be raised ...


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Monday, November 21, 2016

SEC Announces $20 Million Whistleblower Award


On November 14, 2016, the United States Securities and Exchange Commission announced an award of at least $20 million to a whistleblower for providing information that initiated a successful investigation and enforcement action. In addressing the award, Jane Norberg, Chief of the SEC's Office of the Whistleblower, stated that, "Sizeable awards like this one should encourage whistleblowers everywhere that there are real financial incentives to promptly reporting potential securities law violation

http://www.jdsupra.com/legalnews/sec-announces-20-million-whistleblower-61851/
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Tuesday, April 26, 2016

Lessons Learned From the Latest List of Equal Employment Opportunity Commission Settlements


Several recent settlements between the United States Equal Employment Opportunity Commission (“EEOC”) and employers in Pennsylvania underscore the importance of proper policies and procedures in the context of the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), and Title VII of the Civil Rights Act of 1964 (“Title VII”). While neither the court nor a jury of fact-finders reached the merits of the following cases, the alleged facts and claims—and disclosed settlement amounts—remind employers to review policies and procedures to ensure that employers are compliant with the law and following best practices in their industry as to employment-related decisions.
ADA: An action was recently instituted in the United States District Court for the Middle District of Pennsylvania by Plaintiff, the EEOC, against a trucking company, alleging disability discrimination under the ADA. The EEOC alleged that since 2009, the company had violated the ADA and discriminated on the basis of disability. The EEOC claimed that the company discriminated by, inter alia, administering an overbroad physical qualification standard for applicants and employees entering positions involving the operation of powered industrial trucks (“PITs”), such as forklifts, clamp trucks, and lift trucks, that is not job-related or consistent with business necessity, and failing to conduct individualized assessments of applicants’ or employees’ ability to operate PITs and/or consider accommodations that, if needed, would enable the individual to do so. The EEOC also alleged that the company violated the ADA by administering unlawful medical exams or inquiries as part of its physical qualification standard.
A settlement agreement was reached between the parties on January 25, 2016, for $180,000.
What You Need to Know: Under the ADA, an employer’s ability to make disability-related inquiries or require medical examinations is analyzed in three stages: pre-offer, post-offer, and during employment. At the first stage (prior to an offer of employment), the ADA prohibits all disability-related inquiries and medical examinations, even if they are related to the job. At the second stage (after an applicant is given a conditional job offer, but before s/he starts work), an employer may make disability-related inquiries and conduct medical examinations, regardless of whether they are related to the job, as long as it does so for all entering employees in the same job category. At the third stage (after employment begins), an employer may make disability-related inquiries and require medical examinations only if they are job-related and consistent with business necessity. What this case underscores for the employer is the importance of not making disability-related inquiries and medical examinations at the pre-offer stage of employment, even if they are related to the job.
ADEA: An action was instituted in the United States District Court for the Eastern District of Pennsylvania by Plaintiff, the EEOC, against a fast-food company, alleging age discrimination under the ADEA. In this action, the Commission alleged that the company violated the ADEA and discriminated on the basis of age by requiring job applicants to provide age or date of birth, telling certain applicants that they are “too old” for the position after the applicants disclosed their age, and not hiring these applicants because of their age.
A settlement agreement was reached between the parties on January 20, 2016, for $36,000.
What You Need to Know: A request on the part of an employer for information such as age or date of birth on an employment application form is not, in itself, a violation of the ADEA. However, because the request that an applicant state his or her age may tend to deter older applicants or otherwise indicate discrimination against older individuals, employment application forms that request such information are closely scrutinized. What this case underscores for the employer is that if you require job applicants to provide age or date of birth, be certain that the request is for a permissible purpose and not for purposes prohibited by the ADEA. If you do request that a job applicant provide his or her age or date of birth, it would also be prudent to indicate that the purpose is not one prohibited by the statute by indicating on the application the following statutory prohibition language:
“The Age Discrimination in Employment Act of 1967 prohibits discrimination on the basis of age with respect to individuals who are at least 40 years of age, or by other means. The term ‘employment applications,’ refers to all written inquiries about employment or applications for employment or promotion including, but not limited to, résumés or other summaries of the applicant’s background. It relates not only to written pre-employment inquiries, but to inquiries by employees concerning terms, conditions, or privileges of employment as specified in section 4 of the Act.”
Title VII: An action was instituted in the United States District Court for the Southern District of West Virginia by Plaintiff, the EEOC, against an energy company, alleging national origin discrimination under Title VII. Even though the company is located in West Virginia, the EEOC District Office, which pursued this case, was the Philadelphia District Office, which oversees Pennsylvania, Maryland, Delaware, West Virginia, parts of New Jersey, and Ohio.
In this action, the EEOC alleged that a mine foreman was subjected to pervasive national origin discrimination when supervisory and non-supervisory personnel made degrading comments based on his Polish ancestry, such as “stupid Polack.” The EEOC further alleged that the foreman was retaliated against when he was disciplined and ultimately fired from employment after he made a good-faith complaint of discrimination.
A settlement agreement was reached between the parties on January 19, 2016, for $62,500.
What You Need to Know: Federal discrimination laws prohibit retaliation against individuals who oppose practices made unlawful by those statutes, including Title VII. To succeed in a retaliation claim, employees generally must establish (1) that they engaged in a protected activity (such as making a good-faith complaint about the discrimination); (2) that they suffered an adverse employment action (such as unfair discipline or termination); and (3) that there is an underlying connection between the protected activity and the adverse action. Retaliation claims often crop up when an employee is subjected to an adverse employment action after being engaged in a protected activity. In particular, disciplinary action raises a red flag if it follows too closely in time to an employee’s protected activity. What this case underscores for the employer is the importance of having a workplace anti-discrimination and no-retaliation policy, harassment complaint and investigation procedures, and policies and procedures related to notice-posting, record-keeping, training, reporting, and other requirements. If your establishment does not have such policies and procedures, create and implement one immediately.
Additionally, consider the following in order to protect against claims of retaliation:
  • Make sure the employee has foreknowledge of the possible or probable disciplinary consequences of his or her conduct. This is usually accomplished by providing the employee with an employee handbook, which includes rules of conduct and discipline.
  • Before administering the discipline, make an effort to discover whether the employee did in fact violate the rules and policies (e.g., conduct an investigation).
  • When disciplining or otherwise taking an adverse employment action, make sure that managers follow your discipline procedures fairly and consistently. Managers should not appear to target anyone who has made a discrimination claim or participated in a protected activity.
  • Document discipline or adverse employment decisions to show the nondiscriminatory reasons for the actions. You should provide an accurate accounting of any and all non-discriminatory reasons for the decision as well as any steps taken prior to the adverse action (such as counseling sessions and warnings to improve).
  • Review disciplinary actions before implementing them. In particular, consider the timing of the discipline to the protected activity, the degree of the discipline administered (e.g., is it reasonably related to the seriousness of the proven offense?), compliance with your establishment’s disciplinary procedures, etc.
  • Source:

    http://www.lexology.com/library/detail.aspx?g=a1d8a985-d740-4e31-ace6-ebd8a592d963
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Monday, January 11, 2016

MainStay Expands Institutional Sales Team

Previously, Mr. Lloyd was with Credit Suisse Securities, LLC, where he was a managing director and Head of Portfolio Solutions and Investment Consulting Solutions for Credit Suisse Private Bank.

Additionally, MainStay has further strengthened IIB's Defined Contribution Investment Only practice with the addition of Jonathan Blaze, who joins the team to lead its wholesaling specialist effort nationwide, as well as to cover the Central region out of Chicago.

http://www.businesswire.com/news/home/20160111005957/en/MainStay-Expands-Institutional-Sales-Team 
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Monday, April 20, 2015

Ravi, Wahab, Ragesh win Rajya Sabha poll from Kerala

Senior Congress leader Vayalar Ravi, IUML nominee P.V. Abdul Wahab and CPI-M youth leader K.K. Ragesh won the Rajya Sabha elections from Kerala amid speculation of cross voting in the ruling Congress-led UDF. Ravi secured 37 votes, Wahab 36 and Ragesh got 37. The Left opposition had fielded a dummy candidate in K. Rajan, a senior CPI leader, to capitalise on any possible cross voting.

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Uber must face lawsuit claiming it snubs blind people

Uber Technologies Inc must defend against a lawsuit accusing the popular ride-sharing service of discriminating against blind people by refusing to transport guide dogs, a federal judge ruled. In a decision late Friday night, U.S. Magistrate Judge Nathanael Cousins in San Jose, California, said the plaintiffs could pursue a claim that Uber was a "travel service" subject to potential liability under the Americans with Disabilities Act.

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Counting the US Intelligence Community Leakers

It's getting hard to keep track of the US intelligence community leakers without a scorecard. So here's my attempt: Harvard Law School professor Yochai Benkler has written an excellent law review article on the need for a whistleblower defense .

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Morgan Profits Soar While Advisor Ranks Get Thinner

How Wells Fargo Serves the Ultra-Rich Ultrahigh-net-worth investors can have complex needs. That's why Abbot Downing, Wells Fargo's group serving investors with $50 million or more, has family historians and psychologists on staff.

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State Added 4,000 Jobs In March, Labor Department Reports

HARTFORD - Connecticut employers added 4,000 jobs in March, a strong rebound from February, when the state's workforce shrank by thousands, the state Department of Labor said Monday.

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Uber facing U.S. lawsuit claiming it discriminates against blind people

Uber Technologies Inc must defend against a lawsuit accusing the popular ride-sharing service of discriminating against blind people by refusing to transport guide dogs, a federal judge ruled. In a decision late Friday night, U.S. Magistrate Judge Nathanael Cousins in San Jose, California, said the plaintiffs could pursue a claim that Uber was a "travel service" subject to potential liability under the Americans with Disabilities Act.

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Dick Spotswood: Leadership needed to end Sausalito ferry dock debate

Whether by car, bus or ferry Sausalito is Marin's front door. The town's Chamber of Commerce's old hokey slogan, “That's why they built the bridge,” has a point for those who see tourism as the town's financial base.

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American Eagle closing distribution center near Pittsburgh

American Eagle Outfitters says it will close a distribution center where 200 people work north of Pittsburgh at the end of July. The company announced two years ago that it planned to close the facility at the Thorn Hill Industrial Park in Warrendale.

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Lawsuit: Long delay in getting VA medical records could be affecting crucial benefits

Seven disabled veterans have filed a lawsuit against the Department of Veterans, claiming they have been waiting for their medical records for 10 months to more than two years, potentially delaying crucial benefits. The suit was filed Monday by the National Veterans Legal Services Program on behalf of the veterans, who come from across the country.

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Unwittingly Asking Illegal Interview Questions

Job seekers aren't the only ones who may say something inappropriate or botch a question during a job interview. A recent survey by CareerBuilder found that approximately 20 percent of hiring managers reported that they have asked an interview question only to find out later that asking the question possibly violated the law.

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EEOC Issues Balanced Interpretation of Legality of Employer Wellness Plans

What does this all mean for employers? Let's take a look, via the helpful Q&A the EEOC published. Several months ago, the EEOC announced its intent to issue regulations interpreting whether employer wellness plans are legal or illegal medical exams under the ADA.

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Wellness program incentives? Better than ObamaCare

Federal regulators said last week that employers can continue to use financial penalties and rewards to promote workplace wellness programs. The Associated Press reports that employers are looking for ways to cut expenses associated with things like chronic illnesses, which can be influenced by lifestyle, not just family history.

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Labor Department Proposes Fiduciary Conflict of Interest Rules - Again

On April 14, 2015, the U.S. Department of Labor reissued the long-awaited re-proposal of its regulation expanding the definition of "fiduciary" under the Employee Retirement Security Act of 1974, as amended , and prescribing stricter conflict-of-interest rules that will apply to relationships between such fiduciaries and their customers . Along with the proposed regulation, the DOL proposed two related Prohibited Transaction Class Exemptions and amendments to six existing PTCEs that will also apply to relationships between fiduciaries and their retirement plan customers .

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AFOP to Congress: Prohibit Child Labor on U.S. Tobacco Farms

Thursday, April 16, U.S. Senator Dick Durbin and U.S. Representative David Cicilline introduced legislation to protect child workers from the dangers of exposure to tobacco plants, which can include acute nicotine poisoning and other long term health effects. The Association of Farmworker Opportunity Programs supports the proposed legislation, and calls on Congress to swiftly pass the bills.

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Hyundai Supplier Disputes Safety Allegations, Blames Union

Lear Corp. on Friday said allegations of plant employees' exposure to the hazardous chemical TDI are false. The company says air in the plant has been tested by multiple independent parties.

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'People's Platform' To Stir Political Pot

If you're not enjoying your democracy as much as you used to, and you are feeling a little powerless and preyed upon, and you're thinking there's no way out of your mess, help is on the way. You'll have to work for it, but you can do it.

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7 Rules You Need to Know in Fiduciary Proposal

How Wells Fargo Serves the Ultra-Rich Ultrahigh-net-worth investors can have complex needs. That's why Abbot Downing, Wells Fargo's group serving investors with $50 million or more, has family historians and psychologists on staff.

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Oakland VA whistleblower to appear at House hearing this week

For the longest time, Rustyann Brown felt like no one would listen as she tried to raise the alarm about how the Oakland VA regional benefits office was failing Northern California veterans. She is scheduled to appear on Capitol Hill before a House Committee on Veterans' Affairs hearing that will examine troubling allegations that the Oakland and Philadelphia regional offices have mismanaged benefit claims from vets.

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Harrison's York International Recognized By Business Council Of Westchester

Thirty years after it merged two small local insurance companies, York International of Harrison has become one of the leading insurance providers in the country. York will be one of six individuals and companies to be honored on Tuesday, April 21, at The Business Council of Westchester's Hall of Fame Awards at the Glen Island Harbour Club in New Rochelle.

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Hillary Made More Per Hour Than The Top 10 US CEOs

There's something wrong when CEOs make 300 times more than the American worker" Clinton said during her first campaign swing last week at an Iowa community collegea [But] Clinton's reported premium speaking fee of $300,000 per speech pales by comparison to the $131.2 million [salary] paid to McKesson CEO John Hammergrena [B]uta a fairer comparison is to look at Clinton and the top 10 CEOs by calculating their total compensation divided by the Department of Labor standard of 2,080 work-hours in a yeara On that basis, the CEOs are pikers compared to an hour of Clinton speaking for $300,000. Hammergren, for example, makes only $63,076 for the same hour of labor.

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Mediation service at Cumbrian hospitals to target bullying issues

Figures revealed by the News & Star showed almost one in four hospital workers in Carlisle and Whitehaven claimed to have been the victim of bullies in the 2014 NHS Staff Survey. The survey showed 23 per cent of employees at the hospitals who responded to the survey said they had been harassed, abused or bullied by managers or colleagues.

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2014.04.20 OT: Duuuuuude

Applied ethics is the philosophical examination, from a moral standpoint, of particular issues in private and public life that are matters of moral judgment. It is thus the attempts to use philosophical methods to identify the morally correct course of action in various fields of human life.

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Pa. unemployment rises, as jobs decline, job seekers increase

Pennsylvania's unemployment rate increased by one-tenth of a percentage point for the third straight month to 5.3 percent in March. The Pennsylvania Department of Labor and Industry said unemployment rose in March for the third straight month as the number of jobs declined while job seekers increased.

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Warrior transition units consolidate from 25 to 15

Adaptive sports, such as the Ride 2 Recovery, challenge wounded warriors like Staff Sgt. Patrick Halgren and Staff Sgt.

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Work out even when you are at work

Everyone knows it's hard to find time to get a full workout in when you're busy at work. However, there are several ways you can still burn calories without interfering with your work schedule.

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Lawsuit alleges PGV owner Ormat Industries defrauded federal government

The owner of Puna Geothermal Venture has two weeks remaining to file an answer to a complaint alleging it defrauded the federal government of $13.8 million in stimulus funds to cover an expansion at the plant. Ormat Industries, the parent company of Hawaii Island's only geothermal power plant, "engaged in a scheme to obtain federal grant money under for geothermal energy projects which did not qualify for payment, and have misused and abused the federal funds they have received in order to falsely support geothermal energy projects that the government never intended, or would allow," according to an amended complaint filed in May 2014.

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Pushpinder S. Puri: Sikhs understand dilemma facing Amish quarry workers

The federal government determined that Amish workers at a Pennsylvania quarry had to wear hard hats instead of the felt hats required by their religion. Another federal agency had allowed a religious exemnption for Amish as well as Sikhs from wearing hard hats.

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Election manifesto 2015

This manifesto sets out the National Health Action Party's policy pledges for the upcoming general election. It makes commitments to greater funding for the NHS; maintaining the principle of freely available care at the point of need; support for whistleblowers; and a focus on prevention.

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Osceola sheriff open for business despite ongoing expansion project

Osceola County broke ground recently on the $300,000 expansion and renovation project for the Osceola County Sheriff's Department, something Osceola County Undersheriff Justin Halladay said was long overdue. And while the project will be costly, Halladay said the community will benefit without having to pick up the tab.

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House to Take Up Cybersecurity Bills in Condensed Week

With a scheduled work week that even a college senior could endorse, House lawmakers return to the Capitol Tuesday for just three days to deal with cybersecurity bills and to put the finishing touches on a budget and trade legislation. The House will deal with two cybersecurity bills this week: the Protecting Cyber Networks Act and the National Cybersecurity Protection Advancement Act of 2015.

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How a $15 Minimum Wage Helps All Workers

Giant corporations and the wealthy are naturally united in their hatred of the $15 minimum wage. Surprising, however, is the strong opposition sometimes encountered by workers who make barely above $15 an hour.

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Adam Forman: The MTA needs to get on the age train

The city's public-transit network and its ridership share an important trait: Both are getting older. Which is why, as the MTA modernizes its signal system, upgrades dilapidated stations and replaces subway cars and buses, it must also make dramatic investments in improving accessibility for aging New Yorkers.

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What employers need to know about medical marijuana

The times - and the laws on marijuana use - are changing, leaving many employers, especially those with employees in multiple states, confused about the appropriate actions to take in circumstances where marijuana is involved. The results of a new Pew Research Center survey found that for the first time in more than four decades, a majority of Americans favor legalizing marijuana.

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GoLocalProv | Business | Smart Benefits: EEOC Notice Clarifies ADA-Compliant Wellness Programs

Last week, the Equal Employment Opportunity Commission published a proposed rule clarifying how the Americans with Disabilities Act applies to employer wellness programs that are part of group health plans. The notice follows recent challenges by the EEOC that certain programs violated the ADA because their rewards or penalties essentially made the programs mandatory since employees couldn't afford not to participate.

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Jobs for disabled clients me...

Milton Ramos says the promise of going to work each day is the main reason he gets out of bed. Tribune Chronicle / Virginia Shank Don Palm, right, a machine operator at Starr Manufacuring in Vienna, shows Louis Starcher, 32, of Warren, left, how to burn parts for a fabricating job, as Starcher's job coach, Tammy Danes, looks on.

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