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Supreme Court Decides Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission

After 6-tiers in the making, the Supreme Court decides Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 584 U.S. _____ (2018), but the opinion shows that you can’t always have your cake and eat it too.
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The Employer

Top 10 Halloween Tips for Work

For employers, fall is a fun season that presents great opportunities to provide gatherings, celebrations and teamwork building activities. Festive employer-sponsored activities can boost morale in the workplace and strengthen employee relations, which in turn can also help curb employee turnover.
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CFPB Issues New Background Check Summary of Rights Under FCRA

On September 12, 2018, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule updating two model disclosures to reflect changes made to the Fair Credit Reporting Act (FCRA), one of which is the Summary of Your Rights Under the Fair Credit Reporting Act from (“Summary”). The effective date for the updated Summary is Friday, September 21, 2018.

The Summary is required to accompany a pre-adverse action notice.
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Joint Employer Standard Shifts Again

On September 13, 2018, the National Labor Relations Board (NLRB) published a proposed rule regarding its joint-employer standard. Under the proposed rule, an employer may be found to be a joint-employer of another employer’s employee only if it possesses and exercises substantial, direct and immediate control over the essential terms and conditions of employment. The purpose of the proposed rule is to roll back the Browning-Ferris Industries decision which will be discussed below.
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Important Sixth Circuit Decisions

Hostettler
In Hostettler v. College of Wooster, No. 17-3406 (6th Cir. 2018), the Sixth Circuit concluded that full-time presence in the workplace is not always an essential job function. Employers risk violating the American’s with Disability Act (ADA) if they fail to analyze the actual need for full-time work for a specific position.

Hostettler was four-months pregnant when she began as an HR Generalist at The College of Wooster.
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Current FMLA Forms Expire July 31

The Family and Medical Leave Act (FMLA) forms are set to expire July 31 under the Paperwork Reduction Act of 1995, which requires the Department of Labor (DOL) to submit its forms at least every three years to the Office of Management and Budget (OMB) to ensure processes aren’t too bureaucratic. The FMLA forms are used to certify that an employee is eligible to take FMLA leave and to notify him or her of leave rights under the law.
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