Employment Law

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The Obama administration has decided to wait a year before requiring organizations with 50 or more full-time employees to provide health insurance benefits under the Affordable Care Act health care reform law.
Q. One of our employees has requested permission to bring her therapy dog to work every day. Are we required to allow her to do this?
Q. Despite being given two hours’ notice, an employee refused to work overtime at the end of his shift because he said he had plans to attend his son’s Little League game. Is this insubordination?
There’s lots of new lingo built into the Affordable Care Act. Understanding what these six terms mean can help you make better decisions about the health benefits you offer.
“Can’t we sue them for this?” That’s the sentiment many employers express after being on the receiving end of a lawsuit that they think is based on untrue facts. Although it is never satisfying to be told “that wouldn’t be a good idea,” this is generally the right answer for various reasons.
Disabled employees may be en­­titled to some time off as an accommodation, but there are limits. If an employee is constantly absent when his disability makes it impossible to work, you may be able to discharge him. That’s because attendance can be an essential function of a job—and constantly missing work may show that the employee can’t perform that essential function.
A class of 1,245 exotic dancers will split an $8 million settlement resulting from claims that the Penthouse Executive Club in Manhattan’s Hell’s Kitchen neighborhood misclassified them as independent contractors.
The Supreme Court on June 24 ruled that employees can only win retaliation lawsuits if they can prove that their employer retaliated solely because of the employee’s protected activity. The 5-4 decision in University of Texas Southwestern Medical Center v. Nassar was another significant victory for employers that should limit liability.
The Texas chapter of the AFL-CIO is opposing a bill introduced in the state House of Representatives that would criminalize payroll deductions for contributions to political action committees.
If an employee has signed an agreement promising to arbitrate employment claims, tell the court right away and ask it to compel arbitration. Otherwise, the court might decide that you waived your right to ask.
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