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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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Q. We have a number of employees who serve in the armed forces. Some have taken multiple leaves in recent years because they were called up for duty in Iraq or Afghanistan. At least one has been gone for years. With the drawdown of troops in Iraq, we expect that several will want to return to our company, but we have had to hire people to replace them. Are we obligated to rehire them even if we don’t have an open position?
The National Labor Relations Board is continuing its string of pro-union actions: 1. Arbitration agreements can’t ban class-action lawsuits. 2. New rules will speed up union elections. 3. Poster requirement delayed to April 30. 4. NLRB makes controversial recess appointments.
Supervisors can learn a lot from others' mistakes, particularly when it comes to employment law issues. Here are four recent court decisions that provide lessons on how supervisors can keep their organizations (and themselves) out of legal hot water.
USERRA prohibits employers from discriminating against employees in regard to hiring, firing, promotion, training, or any other terms or conditions of employment based on past, present or future military service. But USERRA goes further and delineates notification requirements both before and after active duty ...
The ADA protects qualified individuals from disability discrimination in all aspects of employment, from hiring and firing to promotion and demotion to compensation and scheduling.
In a recent survey, The HR Specialist asked readers whether they’ve been sued by employees and, if so, what single piece of advice would they give to other HR professionals to help them avoid (or respond to) an employee lawsuit. Here are some of their suggestions:
As we enter 2012, it’s a good time to review employment policies and practices in light of the government’s aggressive efforts to enforce employment laws. The National Labor Relations Board, the EEOC, the DOL and its Office of Federal Contract Compli­ance Programs are all cracking down on employers.
The Omnibus Crime Control and Safe Streets Act, aka Wiretapping Act, prohibits employers from intentionally intercepting any wire, oral or electronic communications that take place on their premises. To stay legal, employers must know the definitions of, and exceptions to, the act; procedures to follow when monitoring employee electronic communications; and steps to limit legal liability when engaging in video surveillance.

Changing economic conditions and favorable rule-making in Washington helped U.S. union membership increase to 14.8 million workers last year, according to the Bureau of Labor Statistics. Organized labor gained 49,000 new members in 2011.

There may be a class-action lawsuit lurking in your delivery charges if you automatically tack on extra fees for delivering pizza or other food directly to homes or businesses and that money doesn’t go straight to the delivery drivers.
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