Employment Law

Need employment law advice? Your employee’s hungry attorney knows the latest on employment at will, reasonable accommodations, and more.

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Beware if you allow employees to clock in early, but tell them not to start work before their scheduled start times. If early clock-ins are routinely unpaid, there may be a class-action lawsuit brewing.
Q. We are considering hiring several high school students to work at our company for the summer. What statutes or regulations do we need to consider?

Taken separately, what a supervisor does or says to an employee who has filed a complaint might not equal retaliation. But if the slights add up, the picture changes. That’s why you should follow up several times with each complaining employee to verify there’s no pattern of retaliation.

Employees who fail to return to work after taking medical leave can’t claim unemployment benefits if there was a job available when they were medically cleared to work.
If you require employees to accept arbitration as a condition of employment, you can include a brief statement describing the plan in an acknowledgment. As long as the acknowledgment shows that the employee may read the entire arbitration agreement before signing, it doesn’t matter whether she actually does.
Q. My company is selling a portion of our business in which we employ more than 100 workers. Do we have any special obligations to provide notice to these employees?

When explaining your computer-use policy, make sure employees understand they may be criminally prosecuted if they violate the rules and gain access to information they have no business reading. That should make them think twice about obtaining confidential in­­for­ma­tion and passing it on to the competition.

Q. We have an employee who has been off work for more than 10 months because of a workers’ comp-covered injury. We have no idea when she may possibly be able to return to work. Are we absolutely required under the law to give this employee her job back whenever she believes she is ready to return to work, no matter how long she has been out?
Watch out if a union represents some of your employees, and the union contract does not bar federal discrimination lawsuits. A federal court has ruled that unless there’s a provision making arbitration the exclusive remedy, employees can simultaneously pursue arbitration and litigation.
A federal judge has dismissed a lawsuit challenging Broward County’s employee wellness program, which came under legal challenge after the county started charging $20 per paycheck to employees who refused to participate.