Employment Law

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Some North Carolina employers include an arbitration agreement in their employment policies. Such agreements are legal and enforceable if they form a contract. But employers that include arbitration agreements in their employee handbooks may be making a mistake if they also declare that the handbook itself isn’t a contract.

On Aug. 16, an arbiter certified election results allowing employees at the Horseshoe Casino Cleveland to collectively bargain under the banner of the Cleveland Casino Workers Council.
It’s probably a good thing this case will be heard in Lucas County Court. A former law clerk for the Toledo Municipal Court has filed a lawsuit against the city, the court and six of its judges.
After you have implemented a reasonable accommodation for a disabled employee’s medical restrictions, it’s up to the employee to ask for any modifications that may be necessary.
Under the ADA, customers or employees may bring service animals with them to work or to a public place like a restaurant or a store. Smart employers make sure employees know their obligations and treat the animal and its owner appropriately.

Q. I know we have to provide milk-expression breaks for new moms, and we do. But now a new mother is having her mother bring the baby in twice a day to nurse. These breaks go more than 30 minutes as the baby is passed around, etc. Can we just tell her to express and refrigerate the milk?

When investigating claims of harassment or misconduct, it’s common to ask employees whom you interview to “keep this information confidential.” But a new ruling from the NLRB says that such a blanket confidentiality rule violates employees’ legal rights unless “legitimate and substantial justification exists” for the rule.

Under the FLSA, employees are supposed to be re­­lieved of all duties during meal periods. If they’re not, then meal breaks are considered paid time. That doesn’t mean employers can’t prohibit some meal break activities without having to pay employees.

Here’s encouraging news for public employers: A fired employee can’t sue for deprivation of due process if she refuses to participate when the employer offers a due-process hearing.
Does your organization set restrictions on when and where off-duty employees can access your workplace? If so, you should review a new NLRB ruling that narrows the circumstances under which you can keep off-duty workers off your premises.