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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HR pros spend a lot of their time ensuring that their companies comply with the law so they don’t wind up in court and lose big bucks to a jury verdict. But more and more, they find themselves defending not their employers’ bottom lines, but their own bank accounts. How big is the risk? Try six figures—or more.

OSHA recently reintroduced the idea of a proposed rule that would require employers to report work-related musculoskeletal disorders (MSDs)—ergonomic injuries like carpal tunnel syndrome—on their OSHA 300 injury and illness logs.

Q. We operate a fitness club and employ many fitness class instructors. They have time between classes that ranges from 15 minutes to several hours. They are free to spend that time anyway they want, on or off premises. Do we have to pay them for the time between classes?
Under most states’ wage payment laws, each failure to provide a pay stub to an employee counts as a separate violation. A new court ruling shows how liability can add up quickly … and it serves as another cautionary tale about mislabeling employees as independent contractors.
Q. One of our employees ran an errand for us to pick up $700 in cash. He says he lost it. Can we make him pay it back?
After the 2008 amendments to the Americans with Disabilities Act (ADA), many more employees are now considered to have job-protected “disabilities” under the law. So when it comes to employee leave, what’s a “reasonable” accommodation for disabled people?

Issue: Maintaining personnel files is a chore, but it's the most important element in defending lawsuits and regulatory claims. Risk: Failing to organize your files correctly exposes you to civil ...

Q. One of our employees tripped and fell at work. Days later, he came in with a doctor’s note ordering light-duty restrictions. The doctor’s note also ordered an “ergonomic workstation study” to be done by the employer. Is this something we are obligated to do?
The National Labor Relations Board has ruled the use of a 16-foot tall inflatable rat outside a hospital in Brandon does not violate the National Labor Relations Act, even though the hospital is not directly in conflict with the union. Unions have long used rats as symbols for businesses that oppose organized labor.
The 9th Circuit Court of Appeals has clarified who can sue for unpaid benefits under the Employee Retirement Income Security Act.
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