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Department of Labor Announces Final Rule on Definition of Spouse under the FMLA

By Kami M. Hoskins The Department of Labor (DOL) will publish a Final Rule this week revising the regulatory definition of “spouse” under the Family and Medical Leave Act of 1993 (FMLA).  The changes will allow eligible employees in same-sex marriages to take FMLA leave to care for their spouses or family members, regardless of where the employee resides.  The DOL issues the Final Rule in response to the Supreme Court’s June 2013 decision in U.S. v. Windsor, which held section 3 of The...
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NLRB Rules that Employees May Use Company E-mail for Union Organization

By Keith F. Overholt A new name has entered the lexicon of American labor law:  Purple Communications.  It will turn employers several shades of red when they learn that, on December 10, 2014, the National Labor Relations Board (NLRB) held that if an employer makes its e-mail available to its employees for use in connection with their job, the employer must permit employees to use the e-mails system “for statutorily protected communications.” In a union context, that means if a union is...
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EEOC Sues CVS Pharmacy Claiming Its Separation Agreements Are Unenforceable

By John G. Sestak, Jr. U.S. Equal Employment Opportunity Commission (EEOC) commenced litigation against CVS Pharmacy, Inc. alleging that its separation agreements unlawfully prevented employees from communicating with the agency (the EEOC) or filing discrimination claims.  Legal commentators have indicated that the form of separation agreement used by CVS is fairly standard for employers throughout the country.  However, the EEOC contends that the separation agreements interfere with the...
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Jennings Strouss Attorney Kami Hoskins Gives Tips to Small Business Employers

As part of National Small Business Week, JSS attorney Kami M. Hoskins is featured in AZ Business in an article entitled: Legal Tips for Small-Business Employers. The article addresses six hot employment law issues: At-Will Social Media Affordable Care Act Notices New Hire Checklist Employee Handbooks Document, Document, Document Read the full article...
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Non-Compete Agreements Under Arizona Law

By Lindsay G. Leavitt The first porridge in Goldilocks and the Three Bears was too hot, the second was too cold and the third was just right. Non-compete agreements under Arizona law follow a similar vein: some are too broad, some are too narrow, and some are just right. Although Arizona law recognizes the need to protect legitimate business interests, it also hesitates to restrict individuals from pursuing their chosen careers. A well drafted non-compete agreement can successfully balance the...
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Twenty-Seven Jennings Strouss Attorneys Recognized in 2014 Edition of Southwest Super Lawyers®

PHOENIX, Ariz. (April 25, 2014) – Jennings, Strouss & Salmon, PLC, a leading Phoenix-based law firm, announced that twenty-seven attorneys have been listed in Southwest Super Lawyers® magazine for 2014, including eight 2014 Southwest Rising Stars.  The Jennings Strouss attorneys listed in 2014 Southwest Super Lawyers are: Gerald W. Alston – Business Litigation Timothy W. Barton – Real Estate David Brnilovich – Business Litigation John R....
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Jennings, Strouss & Salmon Voted as a Top Law Firm in 11 Ranking Arizona Categories

PHOENIX – (APRIL 11, 2014) – Jennings, Strouss & Salmon, PLC, a leading Phoenix-based law firm, is pleased to announce that it has once again been listed among the top 10 law firms with 51 or more attorneys in the 2014 issue of Ranking Arizona: The Best of Arizona Business. Overall, the firm received recognition in 11 law firm categories, and was voted No. 1 in alternative dispute resolution. Other categories for which Jennings, Strouss & Salmon was ranked...
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