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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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The NLRB has continued its assault on garden-variety em­­ploy­­ment policies, issuing three decisions in recent weeks, each of which concluded that facially neutral employment policies violated employees’ rights to engage in protected concerted activity.

Q. We are changing our break policy. What breaks are required and can I require employees to take an unpaid meal break?

Some employees think that merely declaring they have a disability means it’s up to the employer to figure out an accommodation. That’s not entirely true. The ADA accommodations process is an interactive one, requiring input from both employee and employer.
A union official will have 366 days to contemplate her actions after being convicted of embezzling from Portsmouth’s Carpenters Union Local 437.

Q. We have employees who live and work in Cali­­for­­nia. We get frustrated that we are not allowed to have them sign a noncompete agreement. Is there anything we can do?

In a recent case, the NLRB issued a decision holding that a hospital violated the National Labor Relations Act by asking employees who had filed a complaint not to discuss it with co-workers while the investigation was pending. Shortly after, in a different case, the EEOC took a similar position.
There are now fewer union members than at any point in the past 70 years. And if employers, unencumbered by collective bargaining agreements, don’t spend much time worrying about unionization, it’s a safe bet that they give hardly any thought to how labor law intersects with the ways in which employees electronically communicate with one another. But there’s a powerful connection between the two.
In a significant decision for transportation companies operating in California, a federal district court judge recently dismissed several class-action claims brought by truck drivers who alleged meal and rest break violations under California law.
It’s only natural for managers to monitor the performance of an employee following a leave of absence to ensure that the employee falls smoothly back into the swing of things. There is a fine line, however, between monitoring performance and intensely scrutinizing it.
Under the FLSA, it’s not the job title or even some understanding between the employer and worker that matters, but business reality. If an employer controls how the job is done, chances are the worker is an employee covered by the FLSA and not an independent contractor.
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