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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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Employees who commit “aggravated misconduct” and are terminated may not be eligible for unemployment compensation benefits. Therefore, some employers may assume that when an employee is arrested and charged with a felony related to work, it makes sense to fire the employee. Not necessarily.

You may think that a long-term arrangement with an independent contractor to provide professional services will never be considered an employment relationship. But that’s not true if you exert too much control over the way the work is done. And according to a recent Commonwealth Court decision, it doesn’t take all that much control.

When training managers and supervisors on how to treat subordinates, make sure they understand they should never make any belligerent statements that could be interpreted as defamation or slander.
There’s plenty of employment law news making its way into the mainstream media. That means the workplace will be buzzing with em­­ployee chatter about working conditions, pay and unions. Prepare now for how to react.
President Obama unveiled a $3.8 trillion proposed budget for fiscal year 2013 that, according to an analy­­sis by the Littler law firm, “signals that employers are facing an expanded enforcement and regulatory activity by the federal agencies.”
If a member of the National Guard or reserves is terminated, he or she can use the statement to show that military service was a motivating factor in that termination. That’s all that’s required under USERRA.
If you’re ever hauled into court to testify in an employment lawsuit against your organization, what you say—and how you say it—can sink your defense … or help you win. Prepare yourself for any lawsuit by asking yourself these 10 questions:
Q. I’m confused about what we can do to restrict gossiping over pay. We think it’s nobody’s business and our pay rates are based on a number of factors. Can’t we tell new employees that we consider compensation levels confidential?
In late January, the National Labor Relations Board released an “Operations Management Memo” that purports to offer additional guidance to employers and HR professionals concerned about employees’ use of social media. I can sum up the NLRB’s report in three words: What a mess.
President Obama’s push to raise the minimum wage from its current $7.25 per hour to $9.50 will likely fall on deaf ears in Congress this year.
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