Employment Law

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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.
President Obama’s picks to fill vacancies on the National Labor Relations Board face stiff opposition from some Republican senators who continue to object to controversial “recess appointments” that occurred in 2012.
An employee who works in outrageous conditions can sometimes quit, claiming she had no choice, and then sue for her “discharge.” However, most of those suits don’t get very far.
Before you decide to convert employees to independent contractors, remember that it isn’t the label that counts, but the actual work per­­formed. Calling someone an independent contractor doesn’t make him one.
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