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.

Federal rules that took effect Jan. 1 require group health insurers to spend 80% to 85% of every premium dollar on medical care and health-care quality improvement. Insurers that fall short must start paying rebates to insurance plan participants, starting Aug. 1. Now the DOL has clarified how those rebates should be disbursed.

The U.S. Office of Federal Contracts Compliance Programs (OFCCP) proposed a new rule that would require federal contractors and subcontractors to have at least 7% of their workforce contain people with disabilities.
The EEOC has filed suit against Miami-based Vitas Healthcare alleging it violated the ADA when it made a disabled employee compete for a vacant position. The case raises a critical question that could carry it all the way to the Supreme Court.

Many employers (and the consultants who encourage them) aren’t doing a good job of managing the legal risk and cost associated with wellness programs that ignore the law. Federal, state and sometimes local laws can affect wellness programs. Employers need to understand them.

The Drug-Free Workplace Act (DFWA) requires covered employers and contractors to certify that they are maintaining a drug-free workplace. The DFWA deals with such issues as how the law requires employers to conduct drug testing; what employers must include in drug-free workplace policies; and steps that must be taken for notifying employees and government agencies about their drug-free strategies.

If you're relying solely on your memory to evaluate employee performance, you're making appraisals far more difficult than necessary. That's why it's best to institute a simple recording system to document employee performance. The most useful, easy-to-implement way is to create and maintain a log for each person. Follow these six steps:

With Congress focused on election-year politics, keep an eye on your state for potential changes to employment laws, says the Society for Human Resource Management. Some issues on tap: background checks, paid sick leave, mandatory E-Verify and workplace bullying.
Q. We have a number of employees who serve in the armed forces. Some have taken multiple leaves in recent years because they were called up for duty in Iraq or Afghanistan. At least one has been gone for years. With the drawdown of troops in Iraq, we expect that several will want to return to our company, but we have had to hire people to replace them. Are we obligated to rehire them even if we don’t have an open position?
The National Labor Relations Board is continuing its string of pro-union actions: 1. Arbitration agreements can’t ban class-action lawsuits. 2. New rules will speed up union elections. 3. Poster requirement delayed to April 30. 4. NLRB makes controversial recess appointments.
Supervisors can learn a lot from others' mistakes, particularly when it comes to employment law issues. Here are four recent court decisions that provide lessons on how supervisors can keep their organizations (and themselves) out of legal hot water.