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Davis Brown Employment and Labor Law Blog

The Davis Brown Employment and Labor Law Blog provides Iowa human resources directors and employers with the latest on employment law matters, including the FMLA, ADAAA, civil rights, PTO, unemployment claims and more.  Learn more about Davis Brown's Employment Law and Labor Relations Department,

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Sorry, Honey! What's Mine is Not Yours. - February 19, 2015

In Iowa, an employer directs medical care in an accepted workplace injury and may lawfully deny treatment unrelated to the injury. In a recent case, Hoyt v. Wendling Quarries and United Heartland, treatment was found unrelated to the injured worker. Read More »


Drug Testing: Dot Every "i" and Cross Every "T" - February 3, 2015

It seems unlikely that anyone who could pass a drug test would disagree that Iowa's drug testing statute is complicated and difficult to administer. Iowa Code § 730.5, which relates to private sector drug and alcohol testing, is a strict liability statute. In other words, as an employer, you have to dot every "i" and cross every "t," understand all the rules and follow them precisely, or you are in trouble. Read More »


Trouble in the Magic Kingdom: Disney Finds Itself the Villain in This Fairytale - January 27, 2015

Disney is known for its fairytales and happy endings. Usually its adorable characters and feel-good plots earn it wide acclaim. But recently, a California judge agreed with the plaintiff, in Roger L. Culberson II v. The Walt Disney, Co., that there is an issue of material fact as to whether or not Disney violated the Fair Credit Reporting Act ("FCRA" found at 15 USC § 1681 et seq). Read More »


Employment Law Blog: Going Viral - Why You Need to Add a No-Recording Policy to Your Handbook - December 9, 2014

It's not just the Millennials who are obsessed with documenting every aspect of their lives. Everyone does it. Smart phones make it incredibly easy to snap pics, video, slo-mo, or time lapse every minute of our lives. This modern day smart phone effect extends further than just our personal lives. Employees have their phones on them at work, and pressing "record" is as easy as ever. Read More »


Health Law Blog: Court Strikes Down Tax Credit Provision for Low Income Americans Participating Through Federal and Federal/State Partnership Exchanges - July 22, 2014

This morning the United States Court of Appeals for the District of Columbia ruled the IRS' interpretation of a key ACA provision is invalid. Read More »


Employment Law Blog: Pregnancy Discrimination & The Accommodation Debate - July 17, 2014

On Monday, July 14, the EEOC issued guidance relating to its current interpretation of the Pregnancy Discrimination Act and the Act's interaction with the ADA and other laws. Read More »


Employment Law Blog: You Can Take this Handbook and Shove It! - June 27, 2014

A recent Nation Labor Relation Board decision leaves many asking who's the boss in a California Hooter's Restaurant. Hooter's advertises its services as delightfully tacky; however, the NLRB has given the staff permission to be as saucy as their wings. If upheld by the Board, this decision could undermine an employer's ability to have written policies against insubordination. Read More »


Employment Law Blog: Dig Up the Dirt, but Know the Rules of the Game - The Fair Credit Reporting Act and Background Checks - May 5, 2014

Employers like to know everything they can about applicants. Hiring employees is a big investment, and they want to do their due diligence up front so that their investment pays off. Read More »


Employment Law Blog: Complying with the ADAAA - May 1, 2014

The Amended Americans with Disabilities Act has greatly expanded the definition of "disability." Under the ADAAA and its regulations, disability is defined as "a physical or mental impairment that substantially limits one or more major life activities." Under the amended Act, "Major life activities" include - caring for oneself, seeing, hearing, eating, sleeping, walking, standing, lifting, breathing, learning, and working. Read More »


Employment Law Blog: Employee Identity Theft - Responses and Obligations - April 30, 2014

You have done all of your work, you have completed the I-9, carefully checked all of the appropriate documents, utilized e-verify, done your background checks and suddenly you have that sinking feeling in the pit of your stomach when an employee or an outside source comes to you and says one of your employees is working under a false identity. What obligations do you have as an employer? Read More »


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