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.

Now there’s a price tag on an ADA case that has been percolating through Illinois courts for years. The Auto­­Zone chain of car-parts stores must pay $415,000 to a former manager who balked at doing custodial chores because of a debilitating neck injury.

Leasing employees may be conven­ient, but it comes with some risk—including unexpected liability for workplace injuries. If another organization’s employee gets hurt while working for you, you may be directly liable for the injury, even if he is collecting workers’ comp through his nominal employer.

Q. I will soon either sell my business or close it down. Either way, I will most likely have to lay off all eight of my employees. What are the legal requirements in Pennsylvania in connection with these layoffs?
Don’t make a common, but potentially expensive mistake. You can terminate an employee who isn’t ready to return to work when he has used up his FMLA leave without violating the FMLA. However, you may be violating the ADA by doing so.
The operator of a Mount Carroll grain elevator has settled U.S. Department of Labor charges it that broke federal child labor laws when it allowed a 14-year-old to work in a hazardous job that proved fatal.
Do you include an arbitration agreement in your employment applications? If so, it may not be enforceable, according to a recent decision by the Court of Appeal of California.
Q. We run a small printing company and have an employee whom we want to move from the day shift to the swing shift. Although this employee has the most seniority, he has the least experience with the presses we run during the day. When we told the employee of our plans, he said that moving him would be illegal. Is he correct? We are worried that if we move him and he quits, it won’t be the last time we hear from him.
As an HR professional, you may come across employment practices that you think violate the law. What you do with that concern and how you express it may make the difference between engaging in protected activity or not—and by extension, whether you can sue for retaliation if upper management punishes you.
California’s Labor Code requires employers to give covered em­­ployees a 10-minute break or rest period during each four-hour work period. Many em­­ployers have wondered how far they have to go to make sure employees take their breaks ...
Here’s a situation you can use to your advantage if you offer light-duty work to an employee who claims he has become disabled: If he turns down your offer, that could sink any disability discrimination claim he later makes.