Employment Law

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Here’s a bit of good news. Just because an employee claims she was hurt at work and files for workers’ compensation doesn’t mean she automatically has a federal ADA retaliation case if she’s fired.
The National Labor Relations Board’s Division of Advice recently released a memorandum that should hearten ­­employers. It concluded that requiring employees to sign an agreement that contains a noncompete clause or a “moonlighting” provision would not unlawfully interfere with an employee’s exercise of rights under Section 7 of National Labor Relations Act.
Q. If an employer is nonunion, must it abide by the National Labor Relations Board’s (NLRB) rules and regulations?
Thomas Perez, the Obama administration’s pick to become Secretary of Labor, can expect tough questions from Republican senators when he sits down for confirmation hearings on April 18.
The National Labor Relations Board has ruled against the Sands Casino in Bethlehem, holding that the casino violated the National Labor Relations Act when it refused to bar­­gain in good faith with the casino guards’ duly-elected union.
Q. We realize that California requires pay statements to show “total hours worked,” but we’re confused about what exactly this means. Does this include vacation or paid time off that employees have earned?

Yahoo’s CEO got caught in a major media firestorm over her decision to eliminate employees’ work-from-home options. But employers should not get Yahoo’s business mandate confused with the legal obligations of every U.S. employer to consider flexible work arrangements for their disabled employees.

Q. We fired an employee because she was chronically late, frequently missed work and had a poor working relationship with her colleagues. If we provide negative job references to prospective employers, could we be sued for libel?
The Office of Federal Contract Compliance Programs has begun sending Corporate Scheduling Announcement Letters to federal contractors, warning that they may soon be subject to a compliance review or audit.
The IRS has released regulations for determining the hefty penalties that apply when Affordable Care Act-covered employers fail to offer health insurance to employees starting in 2014. The rules seem daunting, but it’s critical to understand them.
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