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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Like most employers, your em­­ployee handbook probably in­­cludes a disclaimer informing employees that nothing in the document creates a contract. But what if your handbook also includes a clause that says employee disputes must go to arbitration instead of state or federal court, where a run­­away jury might bankrupt the company? Bad idea.

When we think of bullying, we usually think of kids at school, not adults in the workplace. But, according to a 2010 survey, 35% of American workers have been bullied at work. Unfortunately for those employees, there are currently no federal or state laws that specifically prohibit bullying in the workplace. That may soon change.
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.
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