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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HR Law 101: Since 1993, the Family and Medical Leave Act has provided eligible employees up to 12 weeks of unpaid, job-protected leave per year for the birth, adoption or foster care of a child; caring for a child, spouse or parent with a serious health condition; or convalescence after an employee’s own serious health condition ...

HR Law 101: Employers have an obligation to provide a safe work environment for their employees. Those that don’t will pay a heavy price. Their workers’ compensation and other liability insurance costs will rise, workers may sue, and OSHA may impose heavy fines.

Here’s a warning on discharge timing: If you happen to make the final termination decision right after the employee files an EEOC charge, timing alone may be enough to send the case to trial.
If, like most employers, you use an arbitration agreement to avoid costly court litigation, put regular consultations with your attorney on your calendar. An expert needs to make sure that your agreement is as up-to-date as possible.

A Dec. 19 statement from the NLRB’s Office of the General Counsel said it found merit in 78 unfair labor practices charges filed against various McDonald’s franchise holders and McDonald’s USA. That means McDonald’s USA could be found liable for any illegal employment practices committed by its franchisees.

The California Court of Appeal has yet again ruled against employers in an arbitration rights case. This time, the issue was whether employers can use arbitration agreements to limit so-called class- or collective-action claims. The apparent answer is “no.”

Good news for employers that use arbitration agreements: Cali­­for­­nia will send such cases to arbitration even if they start as collective actions—if the arbitration agreement is clear, separate from other handbook provisions and not unconscionable.

HR Law 101: Despite all the risks, providing other employers with references about your former employees is a good business practice. If you refused to provide references, eventually you would compromise your ability to find out about applicants you’re considering hiring ...

HR Law 101: Currently, 23 states have legalized the use of medical marijuana. Whether employers in those states must accommodate legal medical marijuana use depends on how courts interpret state law.

If your organization has a blanket policy that prohibits workers from using the organization’s email for personal matters, it’s time to revise it. The National Labor Relations Board ruled that employees have the right to use their employer’s email system (during off-duty time) to engage in legally protected communications, including discussing wages and even organizing a union.

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