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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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Q. We have an employee who has made several complaints about his wages while talking to his manager during informal meetings. Are these oral complaints sufficient to trigger the Fair Labor Standards Act (FLSA) anti-retaliation provision?

Steel manufacturer Republic Engineered Products must answer to OSHA for seven allegedly willful violations and three alleged repeat safety violations at its Lorain plant. OSHA has proposed penalties total­ing $563,000.

The EEOC is getting serious about helping disabled Americans. In early June, the agency held a public meeting on the use of leave as a reasonable accommodation. That move came just two weeks after the agency put its new ADA Amendments Act (ADAAA) regulations into effect.
Starting Nov. 14, most private employers will have to display a new poster in their workplaces that notifies employees of their right to form and join a union. The poster will state that employees have the right to act together to improve wages, to form or join a union and to bargain collectively with their employer—and to choose not to do any of these activities. It provides examples of unlawful employer and union conduct and instructs employees how to contact the NLRB with questions or complaints.
Business groups aren’t pleased with new U.S. Department of Labor proposed changes to the so-called “persuader” regulations under the Labor-Management Reporting and Disclosure Act. They say the changes will restrict access to legal counsel and make it easier for unions to organize.
More than half of all employees have taken on new roles during the eco­nomic downturn, according to a recent Spherion Staffing survey. That’s “job creep,” and it’s a big problem. Job creep has important employment law implications and it also means many of your job ­descriptions are probably outdated.

Make room for another poster on your breakroom wall. The National Labor Relations Board announced last month that most private employers will have to display a new poster in their workplaces that notifies employees of their right to form or join a union. The poster is available now for download on the NLRB website.

Here’s something to remember when your attorneys are negotiating a settlement agreement in a pending lawsuit or other claim: As soon as you and the other party agree to an offer, a contract is formed and the terms are binding. That’s true even if the agreement hasn’t yet been signed.
Q. I’ve heard there are new Fair Labor Standards Act regulations coming. When do the final regulations updating the FLSA become effective?
Q. One of our executives will be making day trips once a week to Boston from Philadelphia for a special assignment. Do we have to compensate the secretary (she is nonexempt) for her travel time to and from Boston?
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