In November 2016, the Equal Employment Opportunity Commission (“EEOC”) issued new guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). The EEOC characterizes national origin discrimination as discrimination because an individual (or his or her ancestors) is from a certain place or has the physical, cultural, or…

By Diane L. Bellquist, J.D. When you hear the term “impaired provider,” you may think of the doctor who practices under the influence or who has hit rock bottom to the point he or she can no longer function to hold the practice together.You may be surprised by what the impaired provider label encompasses. Case…

Employers are now armed with an avenue to pursue a federal civil suit for misappropriation of trade secrets. The Defend Trade Secrets Act of 2016 (“DTSA”) was enacted in May 2016 and creates a private civil cause of action for misappropriation of trade secrets. Misappropriation of trade secrets has been a federal crime for over…

Tenth Circuit Enforces Civil Penalties Against Employer for IRCA Violation In Split Rail Fence Co. v. United States, the Tenth Circuit affirmed an administrative law judge’s (“ALJ”) summary decision, which imposed civil penalties on Split Rail Fence Company, Inc. for violating the Immigration Reform and Control Act (“IRCA”). The IRCA was enacted in 1986 by…

Employers have been gearing up for the Department of Labor’s Final Rule regarding overtime and the minimum salary cap for white-collar workers. The Final Rule was supposed to go into effect on December 1, 2016, and would have raised the annual minimum federal wage from $23,660 to $47,476. However, on November 22, 2016, Judge Amos…

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