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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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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?
In a case that shows trying to get a case into the federal system may backfire and wind up costing more for employers, a federal trial court has sent a lawsuit back to be heard by a state court.
Q. We are entering into a settlement agreement with a former employee with whom we have had lots of issues over 10 years. We want assurances that he will not come back with any further claims. Can a single release cover every type of legal claim?
Tucked into the Affordable Care Act’s fine print is a requirement for most group health plans that provide major medical coverage to pay a reinsurance fee to the Department of Health and Human Services in 2014, 2015 and 2016.
Labor Secretary-designate Thomas Perez spent most of his time before a Senate confirmation committee April 18 testifying about his current job as head of the Justice Department’s Civil Rights Division.
Just because employers can compel arbitration doesn’t necessarily mean that they should. There are pros and cons to such agreements that em­­ployers should weigh carefully before committing to either ap­­proach.

The usual wage-and-hour rules don’t apply to independent con­­tractors because they aren’t em­­ployees. But that doesn’t mean you can forget about the FLSA by deciding to just call some­­one an independent contractor. What really counts is how much control you assert over the individual in how and when she does the work.

The U.S. Supreme Court on April 16 dismissed an FLSA suit, reaching the somewhat obvious conclusion that a wage-and-hour case that fails to attract class members has no standing to proceed as a class-action lawsuit.
The 8th Circuit Court of Appeals has ruled that an employee who previously agreed to waive her right to file a class-action overtime lawsuit does indeed have to rely on individual arbitration of her claim.
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