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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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Retaliation for filing an EEOC or other complaint is anything that would dissuade a reasonable employee from complaining in the first place. But what if the employer does something that most reasonable people would consider favorable?

The DOL is planning to survey workers on their knowledge of basic employment laws, so it can gauge their experiences with worker misclassification. Beware: This may be the best indication yet that the DOL is planning to crack down on employers that misclassify employees as independent contractors.
A South Carolina man has been convicted of workers’ compensation fraud for bilking the Ohio Bureau of Workers’ Compensation out of $143,203.33.
Amendments to Labor Code Chapter 2.5 implementing AB 1844 took effect Jan. 1. The amendments bar employers from asking employees or job applicants for any social media account information.
Consult your attorney before settling any internal discrimination complaint. If the employee has already filed an EEOC or other complaint, giving her what she originally wanted may not be good enough unless there’s a formal, binding settlement agreement.

Q. If we see in the local paper that one of our employees has been charged with possession of an illegal substance, is that enough cause to have him take a drug screen? 

Hourly employees’ use of smartphones (as well as online email access from remote locations) has boosted worker productivity. However, it has also substantially increased the risk of off-the-clock-work violations.
Late in 2012, the NLRB left many employers scratching their heads—and pulling their employee handbooks off the shelf. Until recently, the NLRB pretty much limited itself to dealing with labor unions and the right to organize, leaving employers alone as long as no union activity was involved. That’s all changed in the past year.

A labor dispute forced the Minnesota Dance Theatre to use recorded music instead of a live orchestra for December’s holiday presentation of “The Nutcracker” ballet. According to the union representing Twin Cities classical musicians, the sticking point wasn’t monetary, but artistic.

Judges don’t want to waste their time on frivolous litigation; they’ll usually act fast to dismiss sham lawsuits. That’s especially true when it is obvious the employee is complaining about what, at most, constitutes a slight inconvenience, like a shift change.
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