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With employment litigation rising steadily, the employee handbook has become an essential tool in the employer’s arsenal to defend against liability for employment decisions. A good handbook tells employees what the rules are and how they will be enforced ...
It's retaliatory to take an adverse employment action against employees because they've filed discrimination complaints, although such employees are not completely shielded. Here are six not-so-clear-cut situations to test your retaliation knowledge:
Q. We have a handful of employees who clock in early, (i.e., 5:00 p.m.) but don’t actually start working until their scheduled time (6:00 p.m.). Do we have to pay them when they do this?
OSHA has ordered AirTran, a subsidiary of Dallas-based Southwest Airlines, to pay $1 million in damages after it found the airline retaliated against a pilot who reported safety problems.
The Court of Appeals of Ohio has let stand a decision that denied unemployment benefits to a woman who quit her job so she could move with her husband to California.
Two recent settlements make what should be an obvious point: You can’t misappropriate employees’ retirement money and expect to get away with it. Cases in West Chester and Bethlehem show that the feds will come looking for you, and make you pay it back.
It used to be that before an employee or former employee could get into federal court with a benefits-denial case, he had to show that he was a “plan participant.” But following a recent 9th Circuit decision, merely claiming to have been a plan participant is enough.
Employees won’t get far if they try to sue their employer over discipline that has yet to occur.
Faced with a sick employee, you may recommend short-term disability leave to receive medical treatment. But that could violate the ADA if the employee neither needs nor wants all that time off.
Q. A recently terminated employee demanded immediate payment of his wages and asked us to directly deposit the check into his bank account. I know that Minnesota law requires us to pay the wages through the employee’s last day of employment within 24 hours of his demand. While this employee was normally paid through direct deposit, we cannot coordinate a direct deposit within 24 hours. Can we just send the employee a check by mail?