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Employment Law

Need employment law advice? Your employee’s hungry attorney knows the latest on employment at will, reasonable accommodations, and more.

Minimize employer liability, optimize labor relations, bullet-proof your employee handbook and update your knowledge of ADA guidelines with our employment law advice.

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A federal appeals court on May 7 struck down a two-year-old National Labor Relations Board rule that would have required private-sector employers to post a notice informing employees of their rights to join or form a union.
HR pros often think twice before disciplining an employee who has complained of a serious workplace problem such as sexual harassment. It’s natural to worry about an add-on retaliation claim. But as long as discipline is clearly warranted, don’t second-guess yourself.
The ADA accommodations process must also be ongoing—and it doesn’t necessarily end with the first accommodation. But sometimes, a disabled employee can become unreasonable as time passes. You may decide to revoke an accommodation or refuse to modify it. If he sues, clear documentation showing what you did over the years can mean winning the lawsuit.
Q. Can an employer that files for bankruptcy refuse to pay employees for their work and blame the bankruptcy court for not allowing them to?
Q. We give certain employees company cars to drive. If they get traffic tickets, are we responsible for paying the fine? Or can we hold the employee liable? We don’t have a company policy on this. I was wondering if there are any sample policies.
Publicly calling an innocent person a criminal can lead to a defamation lawsuit. But what if, during court proceedings, you call a lawsuit a form of blackmail? Is that defamation?
For the first time in 40 years, Mexico has instituted significant labor reforms, a move that has far-reaching implications for its em­­ployers as well as U.S. companies doing business there.
If your business delivers food and adds a small delivery charge, make extra sure customers understand the fee is not a gratuity.

Q. One of our account managers writes a blog geared toward our clients as a marketing tool. It’s linked to our website and shares our brand identity. All of the content goes through an approval process before posting. If he were to leave the company, could he take the blog with him?

Q. We have to let an employee go because we are overstaffed. In the past, we have given one week of severance pay for every year of employment. We would like to start requiring those who accept severance to sign a waiver. Can we? Do we have to pay more?
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