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 North Carolina Retaliatory Employment Discrimination Act outlaws discharging em­­ployees for filing workers’ compensation claims. It’s a protected activity. Equally illegal: Jumping the gun by firing employees before they ­actually fill out the workers’ compensation paperwork.

On April 26, Gov. Jerry Brown signed a bill denying state construction funds to cities that have ordinances that restrict the use of project labor agreements (PLAs).

Q. While on unpaid leave, one of our employees applied for and was granted workers’ compensation. This person has not expressed any interest in returning to work. We think she may even be working somewhere else. Can we terminate her?

Summertime is when employers can capitalize on an influx of eager school-age workers looking for seasonal jobs. Summer jobs can be great for both young workers and employers, but you should be mindful of federal and state child labor laws.

Earlier this year, the EEOC published Veterans and the Ameri­­cans with Disabilities Act (ADA): A Guide for Employers. In the guide, the EEOC asks the following question: May a private employer give preference in hiring to a veteran with a disability over other applicants?

Finally! A court has figured it out. When disabled employees take leave under the ADA, it’s not always an open-ended ticket to calling in absent. If regular attendance is an essential element of the job, then calling in absent is not a “reasonable” accommodation …

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.
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