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.
The U.S. Senate on July 18 confirmed Thomas Perez to become the next Secretary of Labor. The 54-46 party-line vote followed a four-month standoff between the Senate Republicans and the White House during which Perez’s nomination languished, along with those of other Obama administration appointees awaiting confirmation.
A federal judge in the Western District of New York has decertified a class of outside salespeople who alleged they were misclassified, citing two recent Supreme Court decisions: Comcast v. Behrend and Dukes v. Wal-Mart.
Q. I understand that the rule requiring private employers to post a notice about employees’ union rights is dead and won’t become law. I may be considered a federal contractor and there is a provision in my contract about posting a notice of union-related rights. Am I free to ignore that?
Q. Can we reduce the wage rates of male employees in order to avoid Equal Pay Act violations?
Here’s a bit of good news for employers that try to accommodate disabilities but whose efforts are rejected out of hand: When you offer what looks like a reasonable accommodation and an employee refuses to even try it, you are no longer obligated to retain her. A worker who rejects an offered accommodation is no longer covered by the ADA if she doesn’t even try it first.
Q. Do the individual taxpayer identification numbers (ITIN) issued by the Department of the Treasury authorize an alien to work without any other documentation, such as an employment authorization?
Using temporary workers can be an effective way to stretch your labor budget without making a long-term staffing commitment. But if a temp sues over alleged discrimination, you may not have saved much money. To prevent surprises, make sure you treat the temp as a guest—leave the employment details to the agency that supplies the temp.
A recent court decision on the availability of seating at work suggests the best approach may be to just offer everyone a chair. It seems employees sue without actually requesting a place to sit down.
A bill before the North Carolina House of Representatives would require employers to give employees notice of their employment status at the time of hire and when any material change in the employment relationship occurs.
Q. Our executive director wants to change an employee’s shift. The employee does not want the change. Can we force it?