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Tuesday, 14 May 2019
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“Because of Sex” - U.S. Supreme Court to Hear LGBT Employee Discrimination Cases

On April 22, 2019, the United States Supreme Court announced it would hear arguments on three high-profile employment-related cases next term, all involving the issue of whether sexual orientation and transgender status are considered protected under federal anti-discrimination laws. Under…
Tuesday, 07 May 2019
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OPEN POSITION: Experienced Litigation Attorney – Sioux Falls

Lynn, Jackson, Shultz & Lebrun, P.C., is a progressive and diverse full-service law firm with three offices in South Dakota, serving clients locally, regionally, and nationally. Our Sioux Falls office is seeking to add an experienced attorney to its litigation…
Thursday, 02 May 2019
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Establishing False Pretenses: The Eighth Circuit Rules on Whether an Employer Engaged in Discriminatory Hiring Practices

Getting to a jury in an employment discrimination case is often a three-step process. In this process, the burden of proof shifts between the plaintiff-employee and the defendant-employer. In Nelson v. USAble Mutual Insurance Co., the United States Court of…
Tuesday, 30 April 2019
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U.S. Department of Labor States Employees May Not Decline or Defer FMLA Leave of a Covered Absence

On March 14, 2019, the United States Department of Labor (“DOL”) issued an opinion letter (FMLA2019-1-A) after being asked “whether an employer may delay designating paid leave as Family and Medical Leave Act (FMLA) leave or permit employees to expand…
Friday, 26 April 2019
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Attorney Spotlight: Wade E. Warntjes

For those of you that aren’t familiar with my story, I am the Advocacy Chair for the Pancreatic Cancer Action Network in South Dakota. This is a cause that is near and dear to my heart as my wife’s sister…
Thursday, 18 April 2019
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Stop Right There: The Eighth Circuit Decides Whether a Preliminary Injunction Should Prevent a Business from Hiring a Competitor’s Employees

When a plaintiff starts a lawsuit, he or she may wish to stop the defendant from performing some action during the lawsuit. In some instances, a court can grant the plaintiff’s wish in the form of a preliminary injunction. In…
Tuesday, 09 April 2019
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Estate planning lessons learned from country singer Corb Lund

A fellow attorney at our law firm recently went to a Corb Lund concert in Rapid City, South Dakota. She invited me to listen to Corb’s song, S Lazy H, which is a ballad about a man’s experience growing up…
Tuesday, 02 April 2019
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Fool Me Three Times: the Eighth Circuit Rules that an Employer Did Not Hold a Grudge Against a Thrice-Hired Plaintiff

In order to reach a jury in an employment discrimination lawsuit, a plaintiff-employee bears the burden of producing direct evidence of a discriminatory basis for his termination or that the defendant-employer’s legitimate reason for terminating the plaintiff is not credible.…
Tuesday, 02 April 2019
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“My accountant says I need to set up a ….”

It’s that time of year: meeting with your CPA to do your taxes. She probably had some suggestions for you about how to better track your expenses, and if you are a business owner, may have suggested that you set…
Tuesday, 19 March 2019
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Lynn Jackson attorney, McLean Thompson Kerver, named South Dakota Community Foundation KEY CLUB member

The South Dakota Community Foundation KEY CLUB is made up of about 70 respected and trusted professional advisors from across the state. McLean has played a key role in strengthening the South Dakota Community Foundation and has helped her clients…
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