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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Fine Fare Supermarkets faces $62,000 in fines after OSHA inspectors found that all five emergency exits at a store in Brooklyn were kept locked during the night shift. OSHA standards require employees to be able to open an exit route door from inside at all times, without keys, tools or special knowledge.

A horrific accident that killed a worker in March 2011 has led to $186,300 in fines for Refuse Recycling, based in Marietta. Inspectors from OSHA were called to the plant after an employee was found dead inside a rotating drum that screens recyclables from other refuse.

Gov. Jerry Brown recently signed bills enacting several new em­­ployment statutes. Each becomes effective Jan. 1, 2012. Here’s how the new laws affect private employers.
Businesses come and go, especially during tough economic times. But sometimes companies just change names and corporate status, while essentially remaining the same entity. That doesn’t mean their legal obligations just disappear.
When disgruntled applicants or former employees file frivolous lawsuits, they often act as their own lawyers in court. So-called pro se litigants can’t go far unless the court agrees to waive their court fees. To stop meritless cases from clogging up appeals dockets, more and more federal judges are refusing to waive court fees.
Q. I’m aware that California law generally does not allow employers to use noncompete agreements. Are there any noncompete agreements that California courts will enforce?
From electronic employment veri­­fication to maternity insurance, Cali­fornia employers have new issues to consider, following recent enactment of these laws:

While legal problems can crop up during an employee’s tenure, the two events that carry the most legal risk for employers are the hiring and the departure of an employee. Hiring discrimination lawsuits are particularly dangerous. To stay out of court, managers should build their hiring process around these principles:

While in your employ, an employee has an absolute duty to act in your best interests, and not to act in the interests of anyone else in a way that is contrary to yours. The "duty of loyalty" prohibits employees from taking certain competitive actions while still working for you. Here's how to limit the damage from an employee-turned-competitor:

Just the facts, ma'am. Your employee handbooks should clearly state your organization's rules and benefits without including any excess or superfluous language. If you embellish the document with needless explanations, you may end up eating your words ...