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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HR Law 101: To ensure you’re in compliance with the FLSA, it’s important to understand the definition of “hours of work.” Any hour when an employee’s on duty is considered time worked. The only period usually excluded: when an employee uses the time for personal reasons ...

To safeguard the leisure of citizens already guaranteed four weeks of vacation per year, German Labor Minister Andrea Nahles is calling for an “anti-stress regulation” that would bar employers from sending email to employees after 6 p.m.

HR Law 101: Drug testing and substance abuse prevention programs can involve substantial legal liability if employers don't manage and administer them properly. If your organization decides to implement a drug testing program, there are ways to minimize the risk of employee lawsuits ...

HR Law 101: Since 1993, the Family and Medical Leave Act has provided eligible employees up to 12 weeks of unpaid, job-protected leave per year for the birth, adoption or foster care of a child; caring for a child, spouse or parent with a serious health condition; or convalescence after an employee’s own serious health condition ...

HR Law 101: Employers have an obligation to provide a safe work environment for their employees. Those that don’t will pay a heavy price. Their workers’ compensation and other liability insurance costs will rise, workers may sue, and OSHA may impose heavy fines.

Here’s a warning on discharge timing: If you happen to make the final termination decision right after the employee files an EEOC charge, timing alone may be enough to send the case to trial.
If, like most employers, you use an arbitration agreement to avoid costly court litigation, put regular consultations with your attorney on your calendar. An expert needs to make sure that your agreement is as up-to-date as possible.

A Dec. 19 statement from the NLRB’s Office of the General Counsel said it found merit in 78 unfair labor practices charges filed against various McDonald’s franchise holders and McDonald’s USA. That means McDonald’s USA could be found liable for any illegal employment practices committed by its franchisees.

The California Court of Appeal has yet again ruled against employers in an arbitration rights case. This time, the issue was whether employers can use arbitration agreements to limit so-called class- or collective-action claims. The apparent answer is “no.”

Good news for employers that use arbitration agreements: Cali­­for­­nia will send such cases to arbitration even if they start as collective actions—if the arbitration agreement is clear, separate from other handbook provisions and not unconscionable.
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