Employment Law

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The National Labor Relations Board’s new joint employer standard violates the National Labor Relations Act, according to opening briefs filed by Browning-Ferris Industries in a closely watched lawsuit that seeks to overturn a major NLRB decision.
Don’t be so sure that a lawsuit filed by a disgruntled former employee without a lawyer’s help won’t go anywhere.

If you currently engage the services of an advisor to help employees understand your side on union organizing and collective bargaining issues, get in touch with him or her and your attorney right away!

Employees can’t be held responsible for work not performed while they are out on FMLA medical leave. But that doesn’t mean employers are powerless to discipline an employee for poor performance that’s not related to the medical leave.
Federal employees have just 45 days after a discriminatory act or decision to file an internal complaint.
When you talk with employees about their performance reviews, beware of using common phrases that can unintentionally communicate the wrong message, or come across as too negative or personal. Certain phrases can kill employee morale, weaken productivity or open up the organization to a discrimination lawsuit. Avoid the following phrases...
Joined, Inc., has agreed to issue $439,000 in back pay to 58 workers following a U.S. Department of Labor Wage and Hour Division investigation.
Employees who allege they have been retaliated against for engaging in some form of protected activity don’t have long to sue. If an employee works for a government agency and alleges that his First Amendment right to free speech has been violated, the lawsuit must begin within three years.
For several years, we have somewhat vaguely referred to the “sharing economy” when discussing such enterprises as the Uber and Lyft ride-hailing services, online errand-running brokerage TaskRabbit and ad hoc hospitality matchmaker Airbnb.
Under California law, not every work product amounts to a trade secret. For example, an ordinary customer list with information generally available through open sources isn’t subject to protection.
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