Employment Law

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Working overtime can be an essential job function. If disabled employees can’t work overtime, you may not have to accommodate them.
One of the first cases the U.S. Supreme Court heard in its 2015-2016 term could have important implications for employers that require arbitration to settle workplace disputes.
Q: “We are a small company with 12-15 employees at any one time. I get very confused on all the agencies that put out employment requirements. Can you tell me if the ADA, EEOC, etc. apply to us?” – Judy, Alaska
For years, attorneys have urged employers conducting workplace investigations to make the employees they interview swear to keep the conversation confidential. But that conventional wisdom is in danger.
Attorney General Loretta Lynch appears to be placing her imprint on Justice Department prosecution strategy—by making it a matter of policy to go after not just companies that break the law, but the individual executives and CEOs who tolerate or encourage misdeeds.
Public employees retain free speech rights under the First Amendment and can’t be punished for speaking out if they do so as citizens and not in their role as a government employee.
An employee at Fresenius Manu-facturing in Chester, N.Y., was fired for writing comments on union newsletters and then lying about doing so during a company investigation.
A new online resource from the Seyfarth Shaw law firm offers a state-by-state description of established and new laws designed to protect employees’ privacy rights on social media.
Unions no longer need to collect employees’ handwritten signatures on authorization cards before they file an election petition.

The Fair Labor Standards Act protects employees and former employees against retaliation for complaining about wage-and-hour violations, including filing lawsuits. For example, an employer can’t try to punish a former employee by providing false negative references or otherwise interfering with someone’s job prospects. Basically, retaliation is anything that would dissuade a reasonable person from making the complaint in the first place. Fortunately, simply asking the former employee if he wants to settle a lawsuit isn’t enough, even if the effort is persistent and makes for an uncomfortable confrontation.

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