Employment Law

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Controversial actions by three major federal agencies have businesses worried.
Prepare to add another problem that has flown under most employers’ radar: The risk is that they will be slapped with a huge bill from their workers’ compensation insurers, demanding payment for workers’ comp coverage for all those independent contractors.
Have you ever considered settling an employment dispute by having an employee promise to quit or retire, without any monetary payment? Don’t worry that such an agreement will later fall apart.
Working overtime can be an essential job function. If disabled employees can’t work overtime, you may not have to accommodate them.
One of the first cases the U.S. Supreme Court heard in its 2015-2016 term could have important implications for employers that require arbitration to settle workplace disputes.
Q: “We are a small company with 12-15 employees at any one time. I get very confused on all the agencies that put out employment requirements. Can you tell me if the ADA, EEOC, etc. apply to us?” – Judy, Alaska
For years, attorneys have urged employers conducting workplace investigations to make the employees they interview swear to keep the conversation confidential. But that conventional wisdom is in danger.
Attorney General Loretta Lynch appears to be placing her imprint on Justice Department prosecution strategy—by making it a matter of policy to go after not just companies that break the law, but the individual executives and CEOs who tolerate or encourage misdeeds.
Public employees retain free speech rights under the First Amendment and can’t be punished for speaking out if they do so as citizens and not in their role as a government employee.
An employee at Fresenius Manu-facturing in Chester, N.Y., was fired for writing comments on union newsletters and then lying about doing so during a company investigation.
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