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Legal Standing by Tonda Rush

Tonda Rush is the director of public policy and serves as general counsel to the National Newspaper Association. Email her at

Labor Department hasn't provided clarity regarding exemption for newspapers with circulation under 4,000 in Fair Labor Standards Act

Nov 1, 2019

Q: I understand newspapers under 4,000 circulations do not have to apply the Overtime Rule. But what if we have three newspapers whose total circulation is over 4,000?  A: Your understanding ...

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Publishers should be aware of the shifting legal interpretations of ADA

Nov 1, 2019

Q: I am being told our website might not be in compliance with the Americans with Disabilities Act because visually impaired people cannot read it. Can we be sued? What do we have to do to get into ...

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Why Periodicals distribution must be 50%+1 paid or Requester circulation — even with Non-Mail copies

May 1, 2019

The postmaster says if I deliver too many, I could lose my Periodicals permit. How can that be true? Why is it any of the postmaster’s business if I want to deliver more copies out of the mail?

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Obama-era salary threshold conversation reopens

Apr 1, 2019

In March, the U.S. Department of Labor restarted an industry conversation that began in 2015. That was when the Obama administration proposed doubling the salary that employees would have to be paid for ...

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Unclaimed property public notice under attack

Aug 26, 2018

Q Is there still a public notice in newspapers for unclaimed property?

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Public or private: guidelines for photographers

Aug 14, 2018

Q--I have a new batch of interns taking photos for the paper. What guidelines can I give them so they don’t get us into trouble?

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The laws governing employees and contractors affect community papers

Sep 10, 2013

Wasn’t Pub Aux wrong in the headline “Freelance reporter fired” last month? We don’t fire contractors. We end the contract.”

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