Employment Law

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The Supreme Court’s landmark decision legalizing same-sex marriage means HR departments must review company policies to root out all references to the gender of an employee’s spouse.
Q. We have a server at one of our restaurants who has open sores on her face. She claims she can’t get a bandage to stick to her chin, leaving the sore uncovered. As a result, we have received a few customer complaints. May we remove the server from her shifts so that we do not lose business?
A Philadelphia jury has awarded $38.5 million in punitive damages to the families of two Kraft Food employees who were shot to death by a co-worker in 2010.
Courts are losing patience with employees who act as their own lawyers in discrimination cases but don’t complain to the EEOC before filing lawsuits. A federal court recently gave such a pro se litigant just 15 days to prove she had first gone to the commission.

Public employees have the right to speak their minds on matters of public importance without punishment. However, that right is clearly limited. A public employee can’t claim that free speech includes the right to use derogatory terms at work.

To commemorate the 25th anniversary of the ADA’s enactment, here’s a look at some of the hard numbers that define disability at work, as compiled by the U.S. Census Bureau.
The California Supreme Court has agreed to review the California Court of Appeal’s decision in Gerard v. Orange Coast Memorial Center, which partially invalidated an Industrial Welfare Commission wage order provision allowing health care industry employees to waive one of two required meal periods on shifts longer than eight hours.

Don’t think that just because an employee can’t find an attorney to represent her, you’ll easily get a case dismissed. When employees act as their own lawyers, courts try to give them a fair chance to make their case without benefit of counsel. As the following case shows, that can include giving pro se plaintiffs detailed instructions on how to make a winning argument.

The House of Representatives, intent on rolling back some of President Obama’s most incendiary labor policies, is using the FY2016 federal appropriations process to deny funding to carry out several National Labor Relations Board, Department of Labor and OSHA initiatives.
Temporary workers who are injured on the job are eligible for workers’ compensation benefits. But who is on the hook for the workers’ comp claim? The temp agency or its client? According to a recent court ruling, it can’t be both.
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