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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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Q. May we ask for a diagnosis when an employee ­requests a few days of sick leave? Or must we ­accept any doctor’s note without any explanation?

The New York Supreme Court has ruled that exotic dancing is not an art form and that, therefore, strip clubs are subject to the state sales tax.
Some employers have recently begun to require employees and applicants to provide their passwords or otherwise allow access to their social media accounts. The Illinois Legislature has now put a stop to that practice.
Q. On our company website, we post employees’ pictures and a brief overview of their education and professional background. Recently, an employee asked us to remove her information for security reasons. She fears someone may google her name and find out where she works and the area she lives. Thoughts?
An employee who quits during a suspension and pending investigation isn’t eligible for unemployment benefits.

The Civil Rights Act of 1964 dominates this year’s employment-related Supreme Court docket, with the Justices hearing two cases involving Title VII of that landmark law. Also to be decided between now and next June: cases involving the FLSA and ERISA.

Many employers have social media policies that attempt to control what employees say on social media. Poli­­cies that overreach may violate the NLRA. In response, the NLRB has issued a memorandum summarizing key points in its recent decisions concerning social media.

Employees who are suspended for 30 days or more without pay are considered terminated. If they then receive accumulated sick leave pay, that doesn’t count as wages—and it doesn’t lower their unemployment compensation benefits.
Under the Consolidated Omnibus Budget Reconciliation Act of 1985, em­­ployers are required to continue offering health insurance benefits to workers and their covered dependents for a specified period after they leave the organization.
Q. An employee called me and told me he wasn’t coming to work be­­cause he has bronchitis. I told the rest of the department why the employee is absent. Did I violate HIPAA (Health Insurance Portability and Accountability Act)?
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