Employment Law

Need employment law advice? Your employee’s hungry attorney knows the latest on employment at will, reasonable accommodations, and more.

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Q. When we were disciplining an employee, the president of our small company told him that he “will always have a job here.” He’s an at-will employee. Are we now obligated to keep him on if he improves?

Back in June, the New York Sen­ate and State Assembly passed an amendment to New York’s wage deduction statute, New York Labor Law Section 193. The amendment—effective Nov. 6, 2012—permits New York ­employers to make a wider range of payroll deductions than in the past, but also imposes several new deduction-related requirements.
Nicollette Sheridan, an original cast member of TV’s “Desperate Housewives” series, has won a partial victory in her lawsuit over Touchstone Television Productions’ decision to kill off her character.

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.

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