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The blog isn’t going anywhere, and it’s staying free. But I’m exploring a flat-fee option for companies and employers who read this blog: unlimited employment law advice, instead of billing by the hour for every quick question. Before I decide whether to build it, I want your input on what it should look like.

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In January, then-Governor Phil Murphy signed a law creating a reinstatement right that never existed before. For employers of any size. It takes effect July 17, and even employers confident they’ve got employee-leave compliance handled could be blindsided.

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A supervisor joked about selling an employee in the red-light district. When the case reached a federal appeals court, the employer’s defense was almost as bold: don’t blame us for the emotional distress bill, she should have gotten therapy.

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If you’ve never requested a second FMLA medical opinion, you’re not alone. Most employers haven’t. A Seventh Circuit case decided last month is a useful illustration of how that process works and why the details matter. This is the second post from that case — yesterday’s covered the FMLA falsification and transgender discrimination angles.

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A bus operator was fired for FMLA falsification and claimed his employer terminated him because he was transgender. The employer’s defense was simple: it fired four other employees for the same conduct around the same time. A federal appeals court just said that’s enough.

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“Doing What’s Right – Not Just What’s Legal”
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