Employment Law

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A California appeals court has ruled that it’s up to the arbitrator handling a dispute to determine if the arbitration agreement allows class-action arbitration.
Most employers aren’t aware of the risk of deleting old emails at the wrong time.
OSHA has cited a Pasadena film production company for one willful and one serious safety violation for exposing employees to hazards that killed a camera assistant.
Here’s some disturbing news, courtesy of the Minnesota Supreme Court: When a supervisor threatens an employee with punishment or discharge for filing a workers’ compensation claim, that threat alone is grounds for a lawsuit.

“You have been sued.” When employers first read these words and realize the lawsuit launched against them is in a state court, most Texas employers—indeed, most employers—make it their first order of business to get the case moved to a federal court. Why? Defense attorneys cite various advantages to be gained from such a change, which is known as removal.

With the July 2014 enactment of the Compassionate Care Act, New York became the 23rd state to legalize medical marijuana. Employers should become familiar with how the law may affect the workplace.
Lately, courts have landed hard on attorneys who take so-called frivolous cases, hoping to wrestle a quick settlement from ­employers eager to make the case go away. That should theoretically reduce the number of frivolous lawsuits. It probably won’t.
The U.S. Department of Labor has opened a new front in its war to crack down on employers that misclassify workers as independent contractors: It’s helping states scour unemployment insurance records for evidence of misclassification.
In a few short weeks, California employers with 50 or more em­­ployees must change their training programs to include new material. Effective Jan. 1, anti-bullying training is mandatory for covered employers thanks to Gov. Jerry Brown’s signature on A.B. 2053 back in September.
Here’s a warning for supervisors and managers. When transferring an employee to another position, make sure you don’t make promises that create an employment contract. Such promises, under New York state contract law, don’t necessarily have to be in writing. Fortunately, they do have to be specific.
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