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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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The Court of Appeal of California has upheld an arbitration agreement included in an employee handbook. The difference between this case and the arbitration case in "Don't bury arbitration agreement in handbook": The agreement was clear and obvious.
If an employee who is also in the military is called to active duty, is released with an honorable discharge and asks to return to his old job, you cannot place any extraneous conditions on his return.
Now that the individual mandate for health insurance has been upheld constitutionally, the question remains: How will it be enforced?

Q. Can you direct me toward information regarding new-employee introductory periods and what impact this may have on “at-will” classification?

In a continuation of its recent anti-employer rulings, the National Labor Relations Board is now focusing on a staple of employee handbooks—at-will employment clauses that notify employees they can be terminated at any time for any lawful reason.

Promotion and demotion decisions are often subjective, so they leave employers open to charges of bias. To alleviate even the perception of discrimination when making promotion and demotion decisions, an employer should have sample letters and objective documentation, rules for dealing with unhappy employees and checklists for reducing the risk of bias in promotion and demotion decisions.

The Equal Pay Act amends the Fair Labor Standards Act to prohibit employers from paying male and female employees different wages for equal work in jobs that require equal skill, effort, and responsibility, and are performed under similar conditions.
In an effort to track employment of minorities and females in the workforce, the EEOC requires certain employers to complete and file an Employer Information (EEO-1) Report by Sept. 30 of each year.
Complying with the Americans with Disabilities Act is like walking a tightrope over Niagara Falls, only without a tether. If you fall off, you end up getting whisked away by lawsuits and drowning in litigation. That’s especially true when it comes to the ADA’s rules on medical inquiries about employees.
On the June 20 anniversary of the Supreme Court’s 2011 Wal-Mart v. Dukes decision, Sen. Al Franken, D–Minn., introduced the Equal Employment Opportunity Restoration Act, designed to make it easier for employees to file class-action lawsuits.
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