Employment Law

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There’s a good chance that what your employees actually do every day has little in common with what’s written in their job descriptions. That’s a problem. Inaccurate or in­­complete job descriptions can cause legal liability for ­­employers, especially if the EEOC or the DOL comes calling.
The federal Computer Fraud and Abuse Act (CFAA) doesn’t grant employers any legal recourse if an employee misuses information obtained from company computers, according to a recent Minnesota Federal District Court ruling.
Here’s an important note in this rocky economy: Employers are free to change many of the terms and conditions of employment for at-will employees, including changing their compensation.
USERRA is not a veteran’s preference law. It merely guarantees that service members can return to work no better or worse off than if they never left.
The Texas Supreme Court has handed an important victory to Texas employers eager to avoid jury trials for employment disputes: It ruled that, as long as the employees are at-will workers, threatening to fire them for refusing to give up the right to a jury trial does not invalidate the agreement.
Manhattan celebrity chef Mario Batali has agreed to a $5.25 million settlement with waiters, bartenders, busboys and other floor staff at several of his restaurants.
Cal/OSHA has cited Lamont-based Community Recycling and Resources Recovery for 16 workplace safety violations after two brothers died from hydrogen sulfide gas exposure while working in a storm drain.
Don’t worry that releases you ask employees to sign in exchange for severance pay aren’t broad enough to cover claims under USERRA or the New York Military Law. As long as the release is clear and unequivocal about what’s being waived, it doesn’t have to specifically reference the laws.
A federal court has upheld a Cali­for­­nia state requirement that nurses who want to renew or apply for a professional license must submit a set of fingerprints along with their applications. The prints are needed to conduct criminal background checks.
In a case that’s already being appealed, a federal district court has ruled that a federal agency must enroll an employee’s same-sex spouse in the employee’s health care plan.