Employment Law

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Here’s another reason to stay on top of deadlines: If you plan on appealing a decision to grant unemployment benefits for a former worker, don’t miss the 20-day deadline.

In January, the EEOC announced it had reached a settlement with Founders Pavilion, a former nursing and rehabilitation center in Corning. The EEOC had sued, alleging that Founders violated the Gene­­tic Information Non­­dis­­crimi­­na­­tion Act. The case marked only the third time the EEOC has brought a lawsuit alleging an employer violated GINA. It was the first time a GINA suit alleged systemic discrimination.

In recent years, courts have consistently supported employers’ use of arbitration agreements in employment settings. During the past few terms, the Supreme Court of the United States has issued several decisions upholding their use.

Lancaster-based Horizons Healthcare fired a nurse after she refused to have a flu vaccine. The company requires its employees to get flu shots to limit potential epidemics. The nurse offered to wear a mask while on duty, instead. It’s a case that has yet to result in a lawsuit—but it could.

The NLRB has ordered the Pitts­­burgh Athletic Association to forward union dues it collected from its employees to UNITE HERE Local 57, the union that represents club workers. The union’s NLRB complaint alleged that the club stopped remitting the dues in Novem­­ber 2012.
Recently, lawyers representing former employees have been pushing the envelope in thinking of new ways to make employers pay big bucks. Fortunately, courts aren’t accepting some novel arguments, like the one in the following case.
If you decide to countersue an em­­ployee who takes you to court over work-related issues, make sure your suit is really tied to the employee’s claim. If it isn’t, you’ll have to file a separate lawsuit.
The National Labor Relations Board Office of General Counsel concluded in November that Wal­­mart violated the National Labor Rela­­tions Act when it threatened and disciplined workers for participating in wage protests and strikes in 14 states, including Minnesota.
Now that 2014 is in full swing, it’s time to make sure your organization is up to speed on new wage-and-hour obligations and prepare to take advantage of a new tax incentive for hiring student workers.
Q. An employee sometimes shows up looking like he came from a party, with glazed eyes and slurred speech. Can we make him take a drug or alcohol test?
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