Employment Law

Need employment law advice? Your employee’s hungry attorney knows the latest on employment at will, reasonable accommodations, and more.

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There’s a good chance that what your employees actually do every day has little in common with what’s written in their job descriptions. That’s a problem. Inaccurate or in­­complete job descriptions can cause legal liability for ­­employers, especially if the EEOC or the DOL comes calling.
The federal Computer Fraud and Abuse Act (CFAA) doesn’t grant employers any legal recourse if an employee misuses information obtained from company computers, according to a recent Minnesota Federal District Court ruling.
USERRA is not a veteran’s preference law. It merely guarantees that service members can return to work no better or worse off than if they never left.
Here’s an important note in this rocky economy: Employers are free to change many of the terms and conditions of employment for at-will employees, including changing their compensation.
A Texas employer has “won” a case that shows why going without ­workers’ compensation insurance can be expensive even in the best of circumstances. It persuaded a Texas appeals court that an accident—not negligence—caused a nurse’s injury, but only after spending thousands of dollars to defend itself.

After years of employer uncertainty, the California Supreme Court has finally resolved what em­­ployers must do to provide meal and rest breaks. They must make sure employees are relieved of all duties during the breaks. However, they do not have to ensure that no work is performed during breaks.

The Texas Supreme Court has handed an important victory to Texas employers eager to avoid jury trials for employment disputes: It ruled that, as long as the employees are at-will workers, threatening to fire them for refusing to give up the right to a jury trial does not invalidate the agreement.
Manhattan celebrity chef Mario Batali has agreed to a $5.25 million settlement with waiters, bartenders, busboys and other floor staff at several of his restaurants.
Don’t worry that releases you ask employees to sign in exchange for severance pay aren’t broad enough to cover claims under USERRA or the New York Military Law. As long as the release is clear and unequivocal about what’s being waived, it doesn’t have to specifically reference the laws.
Q. We’ve received differing information on exactly what notices we’re legally supposed to post in our office. Where can I find a reliable listing?