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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 ADA requires employers to reasonably accommodate applicants or employees with mental or physical disabilities who are qualified to perform the job’s essential functions with or without a reasonable accommodation. Still, it’s a tricky issue. Five questions and answers from recent court cases and EEOC guidance:

The federal Computer Fraud and Abuse Act (CFAA) doesn’t grant employers any legal recourse if an employee misuses information obtained from company computers, according to a recent federal court ruling.
The DOl  and IRS continue to aggressively enforce laws against misclassifying employees as independent contractors. But a major shift has taken hold in the past two years, with state legislatures and regulators actively taking a greater role in cracking down on companies that classify workers as contractors without properly documenting or structuring their relationships with those individuals.
Delta Airlines has entered into a two-year settlement agreement with OSHA to install seat belts on all company baggage-handling vehicles. An OSHA inspection following an em­­ployee death led to the agreement.

Want to stop supervisors who allow off-the-clock work or look the other way when employees work un­­paid overtime? Remind them that the Fair Labor Stand­­ards Act allows em­­ployees to sue supervisors who violate the law personally—not just the organization itself.

Q. We had the NLRB union-rights notice laminated and it is ready to be posted in our break room. Now the deadline is off. Can we still display it?

Each year, new employment laws go on the books and courts write thousands upon thousands of decisions interpreting old laws. Yet, year after year, many HR professionals reach up onto a dusty shelf to hand new employees the same old employee handbook someone wrote years ago—too often without a second of consideration whether the contents still pass legal muster.

In recent months, the National Labor Relations Board has been busy. So have courts that oversee its activities. Two courts handed down employer-friendly decisions invalidating or at least delaying the implementation of new rules instituted by the NLRB.

Your risk of running afoul of the child labor laws has increased, and penalties can be harsh. A recent government study found a surprisingly high percentage of teen employees working longer hours than federal law allows, and also in jobs deemed too dangerous by law. Now, federal and state safety investigators are more interested than ever in child labor compliance.

If you think the American with Dis­abili­­ties Act only covers workers with physical disabilities, think again.
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