Employment Law

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You may think that settling a class-action lawsuit puts an end to the matter, stopping further claims by an employee who was a member of the class. If you know an employee has filed another EEOC complaint or lawsuit, be sure to tell your attorney when the class-action suit is being settled. Otherwise, you may soon be back in court.

Q. Our smoking area is outside our building, but the smoke seems to be drifting into the ventilation system. An employee who is super-sensitive to smells has complained. Can we move smokers to their vehicles? Do we even need to provide a place for smokers onsite?
The Pennsylvania Cyber Charter School (PCCS) has lost in its bid to stop a union election among its teachers. The Pennsylvania Cyber School Education Association, an arm of the Pennsylvania School Edu­­ca­­tion Association and the National Edu­­ca­­tion Association, sought an election to represent the teachers working for the PCCS.
Some employees don’t get help with their potential employment lawsuits until after the EEOC has tossed out their complaints. By then, it may be too late—unless the employer makes a common mistake and pushes for more details. Instead, let it go. That way, you might win the case even if the claim was potentially valid.
These days, few attorneys accept cases they know they can’t win. That means more employees are acting as their own lawyers. Don’t make a classic employer mistake: Ignoring a pro se lawsuit in which the employee represents himself. Instead, practice patience and diligence in pushing for the court to dismiss the case.
Q. We have a couple of workers who keep getting “negative dilute” results of drug tests. Our policy is to not accept the result and to retest. Can we require the retest to be an observed collection?
A federal grand jury has indicted three Harrisburg area men on tax evasion charges stemming from their operation of several worker leasing businesses. The U.S. Attorney alleges that the three men paid workers more than $7 million in wages from 2006 to 2012 but never withheld or paid federal income taxes.
A union election at an Allentown company that provides home health care services may have turned on the vote of one person, who arrived too late to cast a ballot.
The Yuba Skilled Nursing Facility in Yuba City has paid $1 million in back pay and benefits after the National Labor Relations Board (NLRB) ruled against it in an unfair labor practice complaint filed by the Service Employees International Union and United Health Care Workers West.
U.S. businesses with at least 10 employees have a 12.5% chance of having an employment liability charge filed against them, according to a recent study by Hiscox, a specialty insurer that focuses on employer legal liability coverage.
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