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Employment Law

Need employment law advice? Your employee’s hungry attorney knows the latest on employment at will, reasonable accommodations, and more.

Minimize employer liability, optimize labor relations, bullet-proof your employee handbook and update your knowledge of ADA guidelines with our employment law advice.

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Here’s a case that shows you can’t have it both ways. A Texas appeals court has concluded that an employer can’t enforce an employment contract against an employee when that contract specifies that the employee remains an at-will employee.

The 11th Cir­cuit Court of Appeals has refused to recognize veterans as a protected class under either Title VII of the federal Civil Rights Act or under the Florida Civil Rights Act. That means claims based on military service must generally be brought under the Uniformed Serv­ices Em­ployment and Reemployment Rights Act (USERRA).

Sometimes, employees jump right into requesting reasonable accommodations, even if it’s not obvious they have a disabling medical condition. Does the employer automatically violate the law by refusing to consider the request? That’s the question the 5th Circuit Court of Appeals just answered.

Q. What are our obligations to inform employees of their rights against retaliation if they report wrongdoing at work?
There are plenty of good reasons why you might have to change an employee’s schedule. Don’t get sloppy about how you implement the change. Make sure you document exactly why you are rejiggering the usual schedule.
Restaurants and retailers often have strict dress codes for employees; for example, black polo shirts and khaki pants. These aren’t uniforms—there aren’t any logos on the shirts—but the goal is to create a consistent look for employees. The best approach may be to pay for employees’ clothing rather than risk class-action litigation over who should be covering the cost.
Six years of litigation came to an end when the union UNITE HERE and Sutter Health settled charges of defamation, trade libel and intentional interference with prospective economic relations. Sutter Health had accused the union of sending postcards to potential patients calling into question the cleanliness of the hospital chain’s linens.
The New Jersey Supreme Court has delivered a powerful blow to New Jersey employers that find themselves in the crosshairs of a Conscientious Employee Protection Act lawsuit. It ruled in June that whistle-blowers who suffer retaliation that causes psychological damage can collect lost wages—even if they weren’t fired, but quit instead.

When an employee owes the company money, it may be tempting to simply deduct it from his or her next paycheck. But in New York, that can be a big mistake. Over the past couple of years, the New York State Department of Labor has issued several opinion letters that significantly narrow its interpretation of New York Labor Law Section 193.

More than 100 hospital workers have returned to work following a strike that prompted the Salinas Valley Me­morial Healthcare System (SVMHS) to lock them out for two days.
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