Employment Law — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Page 110
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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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A key portion of the Affordable Care Act health care reform law is the employer play-or-pay provision, also known as the employer mandate. Regulations, which are proposed to become effective for months after Dec. 31, 2013, implement this provision. You may rely on these regs until final regs are issued.
Cliffs Natural Resources and the United Steelworkers have ratified a 37-month labor agreement, retro­active to Sept. 1, 2012. The agreement provides a 4.5% wage increase with an additional bonus of $4,250 per employee.
Minnesota’s quiet winter may become a silent spring if labor disputes continue for two of the state’s premier orchestras. Management teams at both the Minnesota Orchestra and the St. Paul Chamber Orchestra have locked out musicians after the parties failed to agree on new contracts.
The U.S. Department of Labor has sued two United Steel­­workers of America locals in Ohio over alleged union election irregularities. The DOL wants both April 2012 elections nullified.
Q. Our office of about 30 people has been “asked” to stop using perfume and any other type of product that contains a fragrance because one employee claims those smells “bother” her. Everyone else feels this unfairly restricts the freedoms of the majority. Is there any legal backing to either side of this debate?
If an employee claims she’s disabled and needs just a few accommodations to do her job, it may be wise to make them—even if you aren’t convinced she’s really disabled. That way, she can’t accuse you of failing to engage in the interactive accommodations process.

Q. One of our employees who is out on workers’ comp isn’t following the treatment prescribed by the workers’ comp doctor. She fails to attend physical therapy as prescribed. She says she’s still in pain and can’t return. Our conduct policy sets progressive discipline based on different offenses. Can the failure to abide by the doctor’s orders be included as a violation? 

Do your hiring managers know the law when it comes to asking medical or health-related questions during job interviews? Are your job applications toeing the legal line and complying with the ADA?

Retaliation for filing an EEOC or other complaint is anything that would dissuade a reasonable employee from complaining in the first place. But what if the employer does something that most reasonable people would consider favorable?

The DOL is planning to survey workers on their knowledge of basic employment laws, so it can gauge their experiences with worker misclassification. Beware: This may be the best indication yet that the DOL is planning to crack down on employers that misclassify employees as independent contractors.
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