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UPDATED: This regularly-updated summary of recent Employment Law decisions and Human Resources insights provides updates on anti-discrimination laws, leave laws, National Labor Relations Board decisions, and some state authority (the author lives in Albuquerque, New Mexico – 10th Federal Circuit). The report is compiled by Employment Law Attorney Robert A. Martin of Poms & Associates, who briefs and summarizes important recent decisions. 
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The U.S. Department of Education has issued proposed revisions to its Title IV Higher Education Act (HEA) cash management rules that include significant new restrictions on financial products used to disburse credit balance funds to students. Credit balances result when the amount of Title IV HEA program funds credited to a student’s account exceeds the amount of tuition and fees, room and board, and other allowed charges. Comments on the proposal are due on or before July 2, 2015.
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A number of new green patent complaints were filed in the last two months in the areas of energy storage, LED lighting, and smart grid (including lighting control). #GreenTech   #greenenergy
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Refreshing absence of 5-second rule:
 
You dropped food on the floor. Do you eat it?
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Today we celebrate American exceptionalism. As noted in ‘This Date in History’, on this date in 1834 the first wagon train, made up of 1,000 settlers and 1,000 head of cattle, set off down the Oregon Trail from Independence, Missouri, on the Great Emigration. After leaving Independence, the giant wagon train followed the Santa Fe Trail for some 40 miles and then turned to its northern route to Fort Laramie, Wyoming.
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Have them in circles
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On April 22, 2015, the Federal Trade Commission submitted a public letter to the New York State Department of Health (DOH) expressing “strong concerns” over state regulations offering to provide antitrust immunity to certain healthcare collaborations undertaken with DOH’s approval and supervision. 
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Each week, Troutman Sanders’ Federal Circuit review summarizes the Federal Circuit precedential patent opinions from the prior week.
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Yesterday, in the Wall Street Journal, I read Lauren Weber’s article “Can You Sue the Boss for Making You Answer Late-Night Email?” And the answer is yes, provided that you are a non-exempt employee under the Fair Labor Standards Act and the time you spend answering that email is more than a few minutes a week.  It’s no different than when an employee checks company email at work. Work is work. Employees get paid to work.
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I've never thought very hard about the remedy of specific performance. That means ordering a party to a contract to perform its contractual obligations.

But the ability of the Court to order specific performance was front and center in the North Carolina Business Court's decision Wednesday in Hilco Transport, Inc. v. Atkins, 2015 NCBC 44. The Defendants, shareholders of the Plaintiff corporation, argued that the Court could not order specific performance compelling them to sell their shares to the corporation.
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According to a recently published Harris Poll, 52 percent of employers use social media to research job candidates. This number is up from 43 percent in 2014 and 39 percent in 2013.

What information are employers looking for?
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Is that “random” drug test selection really random?

Many employers — particularly, those in the transportation industry — use third party vendors to do the random selections for federally mandated drug and alcohol tests. I think it’s a great idea, because it prevents employees from claiming that they were selected for “random” testing in a not-very-random process.
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Legal news, articles, podcasts, and more by legal experts from a broad array of practice areas.
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Legal news, articles, podcasts, and more by legal experts from a broad array of practice areas.