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.

Regular attendance is obviously a key job function for most of your employees. But despite your freedom to set and enforce attendance rules, you also face key legal hurdles to your attendance policy, including complying with the FMLA and ADA. Manage absenteeism by establishing a reasonable and specific attendance policy that incorporates your organization’s needs and the functional requirements of various work areas and employee functions. A sound attendance policy should cover all of the following:
Recently, the IRS unveiled a new Voluntary Classification Settlement Program, which allows eligible taxpayer employers to voluntarily reclassify workers as employees for federal employment tax purposes. The program features partial amnesty for past misclassifications. Even so, the recent government crackdown on worker misclassification continues to cause significant risk for employers.

The federal government is suing the owners of a Columbus printing company and their pension plan administrator, claiming they all failed to execute their fiduciary responsibilities to employees. At issue is more than $400,000 in funds missing from two pension accounts set up for employees of Clark Graphics.

Gov. Jerry Brown recently signed bills enacting several new em­­ployment statutes. Each becomes effective Jan. 1, 2012. Here’s how the new laws affect private employers.
Here’s an unexpected factor to consider when an employee requests part-time work following childbearing leave: How you set her pay rate may create Equal Pay Act problems.
While many district courts have found that commuting to work falls outside of the realm of an employer’s obligation to provide reasonable accommodations for disabled employees, some courts have opted to expand upon the ADA by ruling otherwise.
Q. I’m aware that California law generally does not allow employers to use noncompete agreements. Are there any noncompete agreements that California courts will enforce?

Resourceful defense attorneys have tried a few legal tactics to help em­­ployers defend against wage-and-hour class-action lawsuits. One strategy is to “tender an offer of judgment” to the named plaintiff before the case gets to the collective-action certification stage. Unfortunately, the 3rd Circuit Court of Appeals has removed this arrow from defense counsels’ quiver.

When an employee files for bank­­ruptcy, he’s supposed to list any claim he has against an employer as an asset—for example, a lawsuit that requests monetary damages. But what happens if the employer files for bankruptcy? Does the em­­ployer have to list any claim against it as a liability?

Many employers have workplace violence policies that prohibit em­­ployees from possessing firearms in or around the workplace. They’ll have to rethink those policies, now that Texas has a new law that limits most em­­ployers’ right to bar employees from having firearms in vehicles parked at em­­ployers’ parking areas.