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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There’s no collecting attorneys’ fees from the EEOC in mid-litigation. A court said that it must wait until a case ends.

Q. A couple of weeks ago, an employee came into work smelling like alcohol. His supervisor later reported that day that the employee “acted drunk” in a staff meeting. Yesterday, one of the same employee’s co-workers indicated that the employee came back from lunch “smelling like marijuana.” Can these reports justify requiring the employee to undergo a drug or alcohol test?

Benedictine Health Services at Innsbruck has agreed to settle a disability suit lodged by the EEOC. Two former employees initially complained that Benedictine required them to be free of medical restrictions before they could return to work from medical leave unless the restrictions were due to an on-the-job injury.
Canton-based Republic Steel has agreed to settle outstanding training and safety issues discovered in the aftermath of a worker’s fall in 2010.

Employers and employees are supposed to engage in the interactive accommodations process once an employee indicates she may be disabled. If she doesn’t cooperate, document it. You can use that later to show she’s to blame for not receiving an accommodation.

Q. We are considering holding, off-site at a park, a “Company Olympics” event featuring sports such as softball and tennis. If an employee were to be injured while participating, would that be considered a workers’ compensation-covered injury? Would it matter if participation was voluntary?

Election Day is just a few months away, and everyone should exercise their franchise. You can help by letting employees take time off from work to vote. In fact, you may not have much choice in the matter. Some states require you to grant leave so employees can vote.
The Genetic Information Nondiscrimination Act prohibits employers from discriminating against employees based on their own or their family members' genetic information. Employers cannot acquire or disclose genetic information, or use such information to make employment decisions.
Retaliation is prohibited under numerous state and federal laws. What must employers know to avoid accusations of retaliation?
Here are some nuggets of employment law advice from the speakers at this summer’s Society for Human Resource Management annual conference in Atlanta.
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