Employment Law

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The Affordable Care Act has likely survived its last wholesale legal challenge now that the U.S. Supreme Court on Dec. 2 declined to hear an appeal by Liberty University contending that the law’s employer mandate is unconstitutional.
A new proposed OSHA rule would require employers with 250 or more workers to submit their injury reports electronically for the first time. Plus, these reports would be posted online and made public.
Q. Are there any laws that prohibit offering a new job description with a lower wage in place of a layoff?
The Texas Uniform Trade Secrets Act (TUTSA) took effect on Sept. 1. Trade secrets have long received protection under Texas common law. However, TUTSA gives companies additional safeguards and expands the legal remedies to address harm when a former employee misappropriates trade secrets.

HR Law 101: USERRA requires employers to re-employ persons returning from duty in the uniformed services if they meet five cirtieria. Employers must provide to service members a notice of their rights, benefits and obligations ...

When harsh winter weather bumps up against the FLSA, the result can be a blizzard of pay problems for you. Employees often come in late, leave early or miss work altogether when the weather is bad. How should you count their hours—and their pay?

Government employees can’t be punished for exercising their First Amendment rights. But that rule has important restrictions. One of those is that, ordi­­narily, filing an internal grievance isn’t protected speech.
When a former employee sues and decides to represent himself in court, expect an expensive case. That’s be­­cause courts typically give so-called pro se litigants every benefit of the doubt, since they don’t have attorneys to guide them (or tell them their cases don’t have a chance).
Q. Do we have any duties or obligations if we discharge employees who are in the United States on work visas?
It's always a good idea to check to see whether an employee who is suing you has filed for bankruptcy. If he didn’t disclose the litigation against your company, he may lose the right to sue.
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