Employment Law

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Organized labor had what appeared to be a bad day in court Jan. 11 when the U.S. Supreme Court heard oral arguments in a case that asked whether government employees can be required to pay union dues if they object to the union’s political activities.
One of the easiest ways to get in legal trouble is to discipline two employees differently for breaking the same rule.
Government employees have limited First Amendment rights when speaking out. But the right doesn’t apply if the public employee is merely doing his or her job.
When a disabled employee asks for a reasonable accommodation, the employer is supposed to engage in an interactive process to explore the options. But what if you prefer to skip the discussion and simply agree to the employee’s suggested accommodation?
If you use independent contractors to perform design work, make sure your contractor agreement transfers copyrights and other intellectual property rights to you.
Generally, employees who complain to their employer that they aren’t being properly paid or classified under the Fair Labor Standards Act are protected from retaliation for those complaints. But what about a manager?
In states where recreational and medical marijuana is legal, 41% of employers have a zero-tolerance policy for anyone who tests positive.
The U.S. Department of Homeland Security has published new proposed regulations designed to make it easier for highly skilled immigrants who hold work visas to remain in the country if their work circumstances change.

Here’s a bit of good news that may prevent a big jury verdict: An employment-related whistleblower claim must be heard and decided by a judge, not a jury.

An attorney who once worked for Valley Forge, Pa.-based investment firm Vanguard claims the company charges its affiliates artificially low management fees, which illegally reduces its own tax burden.
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