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Is Anxiety a Disability under the ADA?

The Americans with Disabilities Act ("ADA") requires an employer to make reasonable accommodations for an employee that has a disability.   In 2008, Congress enacted the ADA Amendment Act of 2008 ("ADAAA"), which broadened the definition and the scope […]

5th Circuit Summary: Smith v. Gartley (In re Berman-Smith), No. 13-50154

The detailed facts of this case aren’t particularly relevant.  The issue was whether the district court has jurisdiction to hear an appeal filed after the 14 day period in Rule 8002.  The Fifth Circuit has not had an opportunity to address […]

March Madness for Employers: Prohibition of Operating a Betting Scheme

The 2014 NCAA Men's Division I Basketball Tournament, affectionately referred to as "March Madness," begins today.  The NCAA Tournament garners millions of viewers and advertising dollars.  Along with March Madness comes office betting pools related […]

Strictly Confidential - Yes, This Includes Facebook Too!

It is very common to include a provision in a settlement agreement that the terms of the settlement shall remain confidential.  Employers have an obvious interest in not making this information readily known to other current and prospective employees […]