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Federal Appeals Court Rules Extended Medical Leave is NOT a Reasonable Accommodation Under ADA

In Severson v. Heartland Woodcraft, Inc. (September 2017), the Seventh Circuit Court of Appeals ruled that employees are not entitled to extensive or open-ended periods of medical leave as a reasonable accommodation under the ADA.

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Employers Beware: Breaks of 20 Minutes or Less MUST Be Paid

In Secretary United States Dept. of Labor v. American Future Systems, Inc., the Third Circuit Court of Appeals ruled that an employer's policy of requiring employees to clock out for short (less than 20 minute) rest breaks violated the Fair Labor Standards Act (FLSA).

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PAID SICK LEAVE: Are You in Compliance? Arizona Joins Growing List of States and Cities Requiring Paid Sick Leave

The newly-implemented Arizona Fair Wages and Healthy Families Act (the "Act") entitles employees of most Arizona businesses to receive paid sick time effective immediately.  Sick leave can be used for any personal or family illness, injury, health condition, a public health emergency, or domestic / sexual violence, stalking or abuse. 

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Call Me Maybe: TCPA Permits Partial Revocation of Consent

In Schweitzer v. Comenity Bank, the 11th Circuit concluded the TCPA permits a consumer to partially revoke her consent to be called with an automatic telephone dialing system (ATDS).

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Debt Collectors and Debt Buyers: More Oregon Licensing and Compliance Requirements Starting January 2018

On August 2, 2017, the governor of Oregon signed into law a bill amending Oregon's collection licensing and compliance statutes and creating new obligations for debt buyers. 

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New Pre-Suit Right to Cure Requirement in West Virginia

The West Virginia legislature recently amended the state version of the FDCPA to require plaintiffs to issue a pre-suit grievance before filing a lawsuit under the act.  The provision is very creditor and debt collector friendly.  The amendment became effective July 5, 2017.

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Supreme Court Concludes That Debt Purchasers Attempting to Collect on Purchased Debt Are Not

In a unanimous 9-0 decision, the United States Supreme Court ruled this morning that "individual[s] and entities who regularly purchase debts originated by someone else and then seek to collect those debts for their own account" are not a "debt collector" under the FDCPA. 

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HAVE NY EMPLOYEES? NY PAID FAMILY LEAVE LAW GOES LIVE JAN. 2018, PAY DEDUCTIONS TO BEGIN JULY 1, 2017

Beginning January 1, 2018, employers must extend paid family leave to employees in the State of New York for certain covered events. You are probably already internally discussing how the new law will affect your HR, payroll, and operational practices. As always, Sessions is here to help navigate these new legal requirements and confront any compliance issues you may be facing. Here are some introductory FAQs for the new law:

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It Is Time To Think Twice Before Trying To Collect Time-Barred Debt.

The Seventh Circuit has raised the bar yet again for any debt collector trying to collect a debt that may be time-barred.

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BREAKING NEWS: DOL Overtime Rule Blocked

In an eleventh-hour decision, a Texas federal judge has temporarily blocked the Department of Labor's (DOL) Final Rule increasing the minimum salary for exempt (salaried) employees from $26,660/year to $47,476/year. Read more

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