If you have been arrested, convicted or had a criminal charge diverted in the state of Kansas, you may be eligible to have those records sealed. Kansas laws allows the Court to seal criminal arrests, diversion or convictions after the statutory waiting period has expired. For example, a misdemeanor possession of marijuana charge can be…

On May 2, 2017, the United States House of Representatives passed H.B. 1180, the Working Families Flexibility Act. The Senate has received the bill for consideration. The bill would amend the Fair Labor Standards Act (FLSA) and authorize private employers to provide compensatory time (comp time) off for overtime hours worked by employees. Instead of…

Recent cases out of the Courts of Appeals for the Second and Eleventh Circuits highlight the risk employers run when monitoring or punishing employees for their social media activity. In both cases, the courts found that employers who had terminated employees based on their social media activity were subject to sanctions under federal law. In…

On March 10, 2017, in Evans v. Georgia Regional Hospital, the 11th Circuit Court of Appeals held that sexual orientation discrimination is not actionable under Title VII. The 11th Circuit joined nine other federal circuit courts to deny such an action. While the circuit court held Title VII sexual orientation discrimination claims cannot be maintained,…

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…

When thinking about employment-related lawsuits, employers should be thinking when – not if. Employment claims can be filed against big corporations and small businesses alike. Defense costs against a lawsuit or EEOC claim can get expensive quickly. Sometimes an employer must decide between settling a discrimination claim and pursuing a viable defense purely based on…

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