Employment Law

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Courts are losing patience with employees who act as their own lawyers in discrimination cases but don’t complain to the EEOC before filing lawsuits. A federal court recently gave such a pro se litigant just 15 days to prove she had first gone to the commission.

When a New York City employee purports to report wrongdoing on the part of the city government, all that’s required is a good-faith belief that the alleged conduct constituted an “improper governmental action.” It’s illegal to retaliate against an employee who makes such a report.

Public employees have the right to speak their minds on matters of public importance without punishment. However, that right is clearly limited. A public employee can’t claim that free speech includes the right to use derogatory terms at work.

To commemorate the 25th anniversary of the ADA’s enactment, here’s a look at some of the hard numbers that define disability at work, as compiled by the U.S. Census Bureau.
The California Supreme Court has agreed to review the California Court of Appeal’s decision in Gerard v. Orange Coast Memorial Center, which partially invalidated an Industrial Welfare Commission wage order provision allowing health care industry employees to waive one of two required meal periods on shifts longer than eight hours.

Don’t think that just because an employee can’t find an attorney to represent her, you’ll easily get a case dismissed. When employees act as their own lawyers, courts try to give them a fair chance to make their case without benefit of counsel. As the following case shows, that can include giving pro se plaintiffs detailed instructions on how to make a winning argument.

The House of Representatives, intent on rolling back some of President Obama’s most incendiary labor policies, is using the FY2016 federal appropriations process to deny funding to carry out several National Labor Relations Board, Department of Labor and OSHA initiatives.
Temporary workers who are injured on the job are eligible for workers’ compensation benefits. But who is on the hook for the workers’ comp claim? The temp agency or its client? According to a recent court ruling, it can’t be both.
Sharing-economy employers, take note: Your innovative business model doesn’t mesh well with traditional interpretations of employment law. The latest evidence: The California Labor Commissioner’s determination that an Uber driver is an employee, not an independent contractor.
Sen. Al Franken has co-sponsored a bill with Rep. Hank Johnson (D-Ga.) that would limit what issues employers could force employees to arbitrate.