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Female-On-Male Sexual Harassment

Most news stories about sexual harassment involve female victims. Most studies about sexual harassment have been concerned with how it affects women. But men can be the victims of sexual harassment too.

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Revisiting The "Interactive Process" Under The Americans With Disabilities Act

The ADA mandates that employers reasonably accommodate employees' disabilities. Federal regulations further instruct that reasonable accommodations must be determined through an “interactive process.” Failure to do so can expose an employer to an employment law claim for failing to offer a reasonable accommodation to a person with a disability.

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Iowa's Uniform Trade Secrets Act

A seldom used, but fairly powerful Iowa law, is Iowa's Uniform Trade Secrets Act, Iowa Code Chapter 550. A trade secrets claim can arise under any circumstances. Common situations for a trade secrets claim are business relationships and employment relationships.

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Nursing Home Liability For Wandering Or Eloping Patients

Wandering and eloping patients are a significant problem for nursing homes. A wandering patient is someone who's moving aimlessly throughout the nursing home facility. Elopement, which is much more dangerous then wandering within the facility, encompasses situations when a resident leaves the facility unsupervised.

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Holding Employers To Their FMLA Promises -- The Theory Of "Estoppel" Under The Family And Medical Leave Act

Employers occasionally grant FMLA leave by mistake when they had no legal obligation to do so. Then they discipline or fire the employee for missing too much work without FMLA protection, even though the employer initially told the employee that FMLA time was available. That's not fair to the employee, who thought that work could be missed without repercussions based upon the employer's FMLA representations. Is there anything the employee can do about that? 

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The Overtime Exemption For "Partsmen" At Automobile Dealerships

Certain employees of automobile dealerships, including parts department employees, may be exempt from overtime law under the "automobile dealership exemption." That portion of the federal overtime law exempts “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles or implements to ultimate purchasers.” Let's focus just on the "partsman" exemption.

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Calculating Overtime For Salaried Employees

Overtime work is a pretty common encounter for today’s typical employee, but how do you calculate overtime for someone who’s not hourly? We’ll dive into the ins and outs of how to understand where a salaried employee stands with overtime.

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Standards For Residential Real Estate Seller Disclosure Documents

Iowa Code Chapter 558A is Iowa's Real Estate Disclosure Act. It requires persons interested in transferring real estate to deliver a written disclosure statement to prospective buyers. The disclosure statement must include certain information about the condition and important characteristics and structures on the property.

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Work-Related Social Media Activity As Compensable Working Time

Some organizations require their employees to be active on social media as part of the employer's branding, marketing, or whatever. So should employees be paid for such work, given that it benefits the employer and cuts into the employee's free time? 

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