Employment Law

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Many employers have social media policies that attempt to control what employees say on social media. Poli­­cies that overreach may violate the NLRA. In response, the NLRB has issued a memorandum summarizing key points in its recent decisions concerning social media.

Employees who are suspended for 30 days or more without pay are considered terminated. If they then receive accumulated sick leave pay, that doesn’t count as wages—and it doesn’t lower their unemployment compensation benefits.
Under the Consolidated Omnibus Budget Reconciliation Act of 1985, em­­ployers are required to continue offering health insurance benefits to workers and their covered dependents for a specified period after they leave the organization.
Q. An employee called me and told me he wasn’t coming to work be­­cause he has bronchitis. I told the rest of the department why the employee is absent. Did I violate HIPAA (Health Insurance Portability and Accountability Act)?
The Alexandria Shooting Park in Alexandria recently found out that having a parent’s permission isn’t enough to make it legal to hire an underage worker—or to shield an em­­ployer from child labor law violations.
Timing is everything when it comes to retaliation—especially when a supervisor punishes an employee on the same day he complains.

Do you have an employee you think is acting strangely? Do you think she might benefit from counseling? Before you tell her she needs to get help, consider that she just might try to sue you instead. That’s especially true if she refuses counseling and then loses her job.

How can you ensure that the IRS or state authorities won’t challenge the status of workers you call contractors? And how can you avoid being sued by a contractor who claims he’s an em­­ployee entitled to benefits? Follow these five steps.

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.
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