Employment Law

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In some situations, you may be able to get a court to issue a “no more lawsuits” order. It’s not easy, though.
If you use an arbitration clause to cut down on expensive litigation, make sure your attorneys know as soon as an employee sues. Otherwise, you may end up waiving your right to compel arbitration.
When employers consider the possibility that an employee may sue under the Sarbanes-Oxley Act (an investor protection law sometimes called SOX), they naturally think in terms of financial damages. But courts are now saying that SOX allows wronged employees to collect emotional distress damages, too.
Public employees don’t lose their First Amendment free speech rights when they take a government job. Their employer can’t punish them for speaking out on matters of public importance.

OSHA inspectors staging a spot inspection at K-T Galvanizing Co. in the Dallas-Fort Worth-area town of Venus found 13 serious violations of workplace safety and health regulations.

The 8th Circuit Court of Appeals has upheld a Worker Adjustment and Retraining Notification (WARN) Act decision based on a worker-friendly interpretation of the terms “sale of assets” and “going concern.” The decision makes it easier for workers to challenge lack of a WARN notice when their employer claims to have sold company assets to another firm.

The National Labor Relations Board, in its Miller & Anderson, Inc. decision in July, announced a new standard that makes it much easier for unions to organize temporary employees working at another employer’s facility.
Employers need to know how to respond to Zika, the mosquito-borne disease linked with birth defects.
A voluntary agreement signed on Aug. 1 between the Department of Labor and Subway—in which the sandwich chain pledges to force its franchisees to comply with wage-and-hour laws—is raising eyebrows among business advocates.
A bill that would make it unlawful to require military veterans to sign arbitration agreements waiving their right to sue for discrimination based on their military status (A.B. 2879) appears to have died in committee.
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