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March 3, 2008

Federal Arbitration Act Trumps State Laws Lodging Primary Jurisdiction in State Administrative Forums

In Preston v. Ferrer, No. 06-1463 (Feb. 20, 2008) ("Preston"), the U.S. Supreme Court once again upheld
Insight
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February 26, 2008

Supreme Court Addresses the Remedies Available for Fiduciary Breach Under ERISA

For the past 20 years, federal appeals courts have disagreed on whether participants in ERISA-governed
ASAP
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February 19, 2008

Employers' Efforts to Combat Cybersmear Hit the First Amendment Shield

The balance of power has shifted. In the “old days” -- before the Internet explosion -- a disgruntled
Insight
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February 13, 2008

IRS Establishes Cross Divisional Team to Combat Improper Tool Reimbursement Plans

The IRS has established a new cross divisional team comprised of members from the audit examination,
Insight
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February 11, 2008

Eyes on the Workforce: Legal Arizona Workers Act Withstands Constitutional Scrutiny

Signed into law on July 2, 2007, and effective January 1, 2008, the Legal Arizona Workers Act ("the Act")
Insight
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February 6, 2008

Union-Supported Petition Initiative in Nevada Would Prohibit Employer Required Tip Sharing

On January 16, 2008, a Las Vegas-based union campaigning to organize dealers in Nevada filed an initiative
ASAP
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February 4, 2008

Are the Medical Records of Deceased Employees Off Limits?

The recent death of Major League Baseball pitcher Joe Kennedy is a tragic reminder that employees die. 
Insight
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February 1, 2008

Amendment to the Family Medical Leave Act Provides New Leave Rights for the Families of Servicemembers

On January 28, 2008, President Bush signed into law H.R. 4986, the National Defense Authorization Act
ASAP
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January 25, 2008

California Supreme Court Just Says "No" to Weed At Work

Gary Ross, the military veteran who urged his employer to accommodate his medical use of marijuana, has
Insight
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January 24, 2008

California Employers No Longer Holding Their Breath: Applicants Using Medical Marijuana May Be Denied Employment

Must a California employer hire a job applicant who tests positive on a pre-hire drug test, but claims

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