Employment Law

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Disabled employees may be en­­titled to some time off as an accommodation, but there are limits. If an employee is constantly absent when his disability makes it impossible to work, you may be able to discharge him. That’s because attendance can be an essential function of a job—and constantly missing work may show that the employee can’t perform that essential function.
A class of 1,245 exotic dancers will split an $8 million settlement resulting from claims that the Penthouse Executive Club in Manhattan’s Hell’s Kitchen neighborhood misclassified them as independent contractors.
The Supreme Court on June 24 ruled that employees can only win retaliation lawsuits if they can prove that their employer retaliated solely because of the employee’s protected activity. The 5-4 decision in University of Texas Southwestern Medical Center v. Nassar was another significant victory for employers that should limit liability.
The Texas chapter of the AFL-CIO is opposing a bill introduced in the state House of Representatives that would criminalize payroll deductions for contributions to political action committees.
If an employee has signed an agreement promising to arbitrate employment claims, tell the court right away and ask it to compel arbitration. Otherwise, the court might decide that you waived your right to ask.
With North Carolina owing over $2.5 billion to the federal government, Gov. Pat McCrory signed a bill reforming the state’s unemployment insurance system shortly after he took office in January. The law applies to new unemployment claims filed on or after July 1, 2013.
Minnesota has become the 12th state to legalize same-sex marriage, following enactment of legislation that re­­quires employers to provide the same rights to same-sex couples as to opposite-sex couples in terms of health coverage and survivor benefits.
A New York case with a Hollywood connection is a timely reminder that, in almost all cases, employers must pay interns, no matter how menial their work is.
Problem: You decide to transfer Jim to a department to do different work that is performed primarily by women. The women there are paid less than what Jim was paid in his former job. Do you reduce Jim’s pay to the women’s level to avoid an Equal Pay Act claim?
Ten states already prohibit employers from requiring employees and job applicants to hand over their personal website passwords, and now the House of Representatives is considering similar national legislation.
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