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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A federal court has held that two doctors can sue over outrageous behavior in the operating room. Two Jewish anesthesiologists working for Aria Health can sue over another doctor’s be­­havior, which they allege caused them severe emotional distress.
By now, you have probably heard about the NLRB decision in Karl Knauz Motors, Inc. d/b/a Knauz BMW. On appeal, the NLRB agreed with the ruling of an administrative law judge  that Knauz BMW did not violate the National Labor Relations Act when it fired a salesman for making a derogatory post on Face­­book. However, employers shouldn’t take much comfort in the outcome.
The Fair Labor Standards Act is generally a fairly straightforward law—for most of the year. But winter weather—and the delays and closures that sometimes accompany it—can make wage-and-hour compliance more difficult.

Q. The animal care officers who work for us spend 80% of their time driving and responding to rescue calls via cellphone. Requiring them to pull off the road while talking on their phones wouldn’t work. Is there another way to limit our liability?

Q. One of our employees was on military leave for six months. He will be reinstated at the same pay and position. While he was gone, all employees in his department received a 4% pay raise in recognition for their hard work in the past year. Must we pay him that raise?

Good news after a potentially expansive decision on liability for commute-time accidents: The Court of Appeal of California has overturned a workers’ compensation award to an employee who was in an accident on his way to work a swapped shift.
Recent months have seen the NLRB take efforts to regulate employer activity in new and often unprecedented ways. Two recent attacks include challenges to “at-will” statements and disclaimers in employee handbooks and restrictions on an employer’s right to limit access to its property by off-duty employees.

Q. On three occasions, an employee threatened colleagues with physical violence. After the last incident, she explained to her manager that she is bipolar and going through a prescription change. She said she was unaware of making threats, was truly sorry and never meant any harm to anyone. Do we have to tolerate this behavior now that we know she may be disabled?

The New York General Assembly has amended Section 193 of the New York Labor Law to allow ­employers to make payroll deductions for a wider variety of items. The amendment lets employers deduct the cost of an array of employee benefits previously barred by the state code.
Q. One of our employees received a jury duty summons. What are our obligations toward the employee in terms of pay and leave?
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