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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Asking to have a position re­­classified at a higher pay grade isn’t the same as requesting a promotion. If the request is turned down, the employee can’t sue for a denied promotion.
OSHA has cited Merlin Industries Inc. and Thermal Concepts Inc.—two Davie businesses owned by the same family and sharing the same address—for 17 safety violations, worth $59,100 in fines.
Q. We sometimes require our hourly employees to commute from the office to a two-day meeting that includes company-sponsored social activities and an overnight stay. They then return to the office after meetings on the second day. How do we pay them for this time?
Shakopee-based Hawkins Tree and Landscaping will pay $500,000 to pay misclassified workers as part of a consent agreement with the U.S. Department of Labor.

The ADA requires employers to work with employees who need reasonable accommodations. Show you did so in good faith by documenting the process. That means tracking email exchanges, taking notes during meetings and generally responding as quickly as possible. Be sure to note the employee’s actions, too.

No matter the bad behavior of supervisors, always be ready to prove to a court that you execute your duties without any hint of bias. Doing so may save HR professionals like you from personal liability.
Sometimes, employers settle an employee lawsuit and expect that to be the end of the matter. But unless the settlement includes an agreement not to apply for any new job openings, the former employee may do just that. And if he’s not hired, he may allege retaliation for prior litigation.
A federal judge has cited Alpha-based All-Feed Processing & Pack­­ag­­ing Inc. for contempt after it refused to allow OSHA inspectors full access to its Galva facility.
Q. My company uses a time clock to track the hours of nonexempt employees. When we determine the wages to be paid to employees, can we round up or down to the nearest five-minute increment?
A former employee at Marine Corp Community Services, which provides recreational and social services at Cherry Point Marine Corps Air Station, has admitted she used a government credit card to embezzle approximately $74,000.
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