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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Now that 2014 is in full swing, it’s time to make sure your organization is up to speed on new wage-and-hour obligations and prepare to take advantage of a new tax incentive for hiring student workers.
Q. An employee sometimes shows up looking like he came from a party, with glazed eyes and slurred speech. Can we make him take a drug or alcohol test?
Employees can sometimes receive unemployment benefits even if they quit, but they must have good cause. Mere dissatisfaction doesn’t count.
President Obama plans to issue an executive order requiring federal contractors to pay employees at least $10.10 per hour, starting in 2015.
Legislation passed April 3 by the House of Representatives defines a full-time job as averaging 40 hours per week, up from 30 hours specified in the Affordable Care Act.
As the Affordable Care Act’s March 31 deadline loomed for individuals to sign up for health insurance, 38% of the public viewed the law favorably and 46% opposed it, according to a Kaiser Family Foundation poll.
Under final Affordable Care Act regulations issued in February, for the 2015 plan year only, large employers with at least 100 employees during 2014 must either offer 70% of full-time employees and their nonspouse dependents affordable health insurance that provides minimum value or pay a free-rider penalty. Beginning with the 2016 plan year, offers of coverage must be made to 95% of full-time employees and their nonspouse dependents.

Quite often, employees’ attorneys make sure supervisors are separately charged and individually liable. Cite this trend during training to instill in your managers and supervisors that they need to follow the professional advice HR provides—or else face the consequences.

Q. An employee recently complained about re­ceiving inappropriate email messages and links to porno­graphic websites from some of her co-workers. We would like to review the messages to figure out exactly how large a problem we face. Can we do this?
Secretary of Labor Thomas E. Perez has refused to place a deadline on rewriting the rules that govern overtime pay for exempt employees.
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