Employment Law

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Federal appeals courts are becoming more sympathetic to employees who report workplace dangers. The 3rd Circuit Court of Appeals has backed a plaintiff who says he suffered retaliation for claiming he was traumatized by a workplace accident.
Full implementation of the Affordable Care Act health care reform law is mere months away, which means that the IRS and the Department of Health and Human Services have a lot of work to do in a short period of time. The latest regulations cover the 90-day waiting period for new employees and temporary reinsurance fees.
May 16 was a bad day for the NLRB. First, yet another federal circuit court ruled that two current NLRB members had been illegally appointed. Then, Republican senators fired opening salvos in a bid to dump the two current board members and slow down the confirmation of two new NLRB nominees. 

Here’s some good news for em­­ployers: According to a recent Supreme Court of Texas decision, workers who complain to their super­­visors about alleged illegal activities aren’t protected from retaliation under the Texas Whistleblower Act. That’s true even if the supervisor is responsible for legal compliance.

“Can’t we sue him for this?” That’s what many employers say after being hit with what they believe is a frivolous employee lawsuit. The First Amendment protects the rights of companies to seek such redress in court. But, in most cases, a counterclaim is not a smart move.

The NLRB has ordered a Plainview catering and food-service company to hand over reams of financial information to the United Food and Commercial Workers union to use in contract negotiations.
A federal appeals court on May 7 struck down a two-year-old National Labor Relations Board rule that would have required private-sector employers to post a notice informing employees of their rights to join or form a union.
HR pros often think twice before disciplining an employee who has complained of a serious workplace problem such as sexual harassment. It’s natural to worry about an add-on retaliation claim. But as long as discipline is clearly warranted, don’t second-guess yourself.
The ADA accommodations process must also be ongoing—and it doesn’t necessarily end with the first accommodation. But sometimes, a disabled employee can become unreasonable as time passes. You may decide to revoke an accommodation or refuse to modify it. If he sues, clear documentation showing what you did over the years can mean winning the lawsuit.
Q. Can an employer that files for bankruptcy refuse to pay employees for their work and blame the bankruptcy court for not allowing them to?
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