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 Pennsylvania Superior Court has upheld a $188 million verdict against Walmart stores and Sam’s Club warehouse stores in a case involving 187,000 current and former employees. A jury had concluded that’s what the retailer owed employees for rest breaks that should have been paid and for off-the-clock work.
The 3rd Circuit Court of Appeals has sent a signal that it may now hold employers to a higher standard when it comes to employees whose disabilities are under control, but need time off to keep them that way.

An Illinois Senate committee has voted to end workers’ compensation as we know it. By a 9-6 vote, the Senate Executive Committee said it’s time to start over and eliminate what it called a “costly and failed” system.

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.