Knudsen Law Blog Posts

Seminar: Human Resource Law From Start to Finish

On October 29, 2015, in Omaha, Nebraska, Kevin McManaman and Jeanelle Lust of the Knudsen Law Firm and authors of the Nebraska Human Resources Library will be presenting multiple topics related to employment law at the NBI Seminar titled Human Resource Law from Start to Finish. Mr. McManaman will […]

Seminar: State and Federal Employment and Labor Laws

On Sept. 10, 2015, Kevin McManaman of the Knudsen Law Firm and author of the Nebraska Human Resources Library will be presenting Employment Handbooks and Policies in the 21st Century. This comprehensive seminar will cover a gamut of various Nebraska and federal labor laws and regulations. It will also […]

EEOC Declares That Sexual Orientation Discrimination is Sex Discrimination

According to new EEOC’s decision under Title VII of the 1964 Civil Rights Act, discrimination on the basis of sexual orientation is inherently sex discrimination. Thus, homosexuals in companies of 15 or more employees are protected against being fired because of their sexual orientation.

The EEOC used three legal theories […]

Employer Retaliates by Painting Mine Worker’s Testicles

In West Virginia, a mine roof bolter sued his employer for retaliation. He claimed his foreman painted his testicles white on two occasions allegedly because the worker complained of excessive exposure to coal dust.

The bolter was working on a continuous miner system. Because the coal dust created on the […]

Credit Card Changes Coming October 1st

By Trev Peterson

Well behind the rest of the world, the United States is moving to a new chip technology in credit cards.  The new technology—EMV—has been in use in Europe and the rest of the world for some time and the EMV technology is now being introduced in the […]

CMS Proposes Revisions to Long Term Care Regulations

In a 400 + page proposal, the Centers for Medicare and Medicaid Services (CMS), set forth sweeping changes to regulations for the long term care industry. The massive changes would be the first to nursing home regulations since 1991. The aim of the proposed changes would be to improve […]

No “Reasonable Dispute” Defense in Wage Claims

The Nebraska Wage Payment and Collection Act (Neb. Rev. Stat. §§ 48-1228 -48-1234) provides that an employee has a wage claim, when wages are earned but not paid within thirty days of the regular payday designated. Wages include compensation for labor or services rendered, fringe benefits and unused vacation. The amount can […]

Kevin McManaman Serves on Supreme Court Judicial Nominating Commission

Judge Kenneth C. Stephan stepped down on July 1, 2015, after 18 years with Nebraska Supreme Court. Kevin R. McManaman, Partner at Knudsen Law Firm, was privileged to serve on the Judicial Nominating Commission along with three other esteemed lawyers and four lay citizens. They were tasked with selecting […]

EEOC Issues New Pregnancy Discrimination Guidance

On June 25, 2015, the U.S. Equal Employment Opportunity Commission revised its Enforcement Guidance on Pregnancy Discrimination and Related Issues to comport with the recent Young v. UPS Supreme Court decision. The case involved an employee’s ability to establish pregnancy discrimination based on an employer’s accommodation practices.

According to the […]

Nebraska Supreme Court Ruling on Non-Competition Provisions

Professional cleaning and maintenance service franchisor, Jani-King of Omaha (DBA Unlimited Opportunity, Inc.) sued former franchisee, Anthony Waadah for breach of the non-competition provision of their franchise agreement when Jani-King received reports of Waadah diverting Jani-King customers to his own janitorial business. (Unlimited Opportunity, Inc. v. Waadah, 861 N.W.2d […]