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.

The federal labor law can be a trap for the unwary—even for nonunion employers. Even if your employees don’t belong to a union, the National Labor Relations Act applies to you. Example: A nonunionized employer now has to pay $900,000 to two fired employees to settle charges that it violated the NLRA. To avoid similar trouble, you must understand this law!

Constructive discharge occurs when employees claim that their working conditions were so intolerable that they were forced to quit. Employers must stay within federal labor laws so they don't contribute to factors that trigger constructive discharge claims, and don't heighten the risk of employee lawsuits.
Employers must be careful of not only what they say, but what they do, so as not to trigger employee defamation lawsuits. Issues surrounding defamation claims include offering negative references, definitions of qualified and conditional privilege, and steps that can lower defamation culpability.

The EEOC numbers announced this month show that America’s ongoing economic struggles are continuing to fuel the job discrimination fire in 2011. Employees filed 99,947 charges of job discrimination with the EEOC in fiscal year 2011. That’s the highest number of job bias complaints filed by employees in the EEOC’s 46-year history.

The National Labor Relations Board has been taking a close look at how em­ployers react when they don’t like what their employees post on Facebook. Sur­­prisingly, employers have won several of those cases.
Hard times have forced older workers to try the intern option. Fearing that employers shun applicants with long, unexplained career gaps, ambitious but unemployed people are opting for unpaid internships. But before you get carried away by the prospect of marvelous production for virtually no cost, let’s have a reality check.
With the Occupy Wall Street protests spreading to dozens of U.S. cities, you may be faced with workers who join in such activities, whether in person or via social media. How should you respond?

We all anticipated that the Ameri­­cans with Disabilities Act Amend­­ments Act (ADAAA) would make it easier for certain medical conditions to qualify as protected disabilities. That was, after all, the point of the law. Earlier this year, the EEOC provided an example of just how well the ADAAA may do that.

Q. We’ve heard about the National Labor Relations Board’s focus on an employee’s right to post critical work-related comments on Facebook. However, we also heard that the NLRB has started to limit its view on whether such comments are protected concerted activity. What’s going on? 
Last year, Electrolux agreed to adjust its break schedule to accommodate Muslim employees working the evening shift at its St. Cloud plant. The EEOC mediated last year’s agreement in a process that was hailed as a model of cooperation between the employer, employees and the federal government. Problem solved, right? Not so fast.