Employment Law

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The Texas Supreme Court has dealt a blow to attorneys representing employees in Texas. While employers that lose a lawsuit are supposed to pay the employee’s attorneys’ fees, there are limits to how high those fees can go.
OSHA has cited SP&K Construction, a Brooklyn contractor, for safety violations in connection with a fatal structural collapse in Brighton Beach. The accident, which killed one worker and injured four others, occurred Nov. 8, 2011.

Q. One of our employees is on maternity leave. What are our obligations to accommodate her need to breastfeed when she returns to work?

Q. Our company employs nurses that care for patients in their homes. We would like to begin running 12-hour shifts and set up an alternative workweek schedule. What are the rules for instituting an alternative workweek for our employees?

The U.S. Department of Labor’s Wage and Hour Division is targeting Southern California’s landscape industry, looking for contractors and subcontractors that pay workers less than minimum wage.
Three whistle-blowers will collect more than $650,000 after two different railroads fired them following workplace accidents. OSHA concluded the three men were wrongfully accused of safety violations to divert blame for workplace hazards.
Q. Could you explain the National Labor Rela­tions Board’s recent challenges to at-will employment policies?
Disabled employees may ask for a transfer to a job closer to home to ease a difficult commute, but the ADA doesn’t obligate employers to help.
The Court of Appeal of California has ruled that an arbitration agreement hidden deep in the recesses of an employee handbook can’t be en­­forced. The provision didn’t stand out, didn’t require a signature and could be changed by the employer at any time. The court said that rendered it unconscionable.
Q. One of our employees physically threatened her co-workers. When confronted about the incident, the employee claimed that her behavior resulted from being bipolar. May we ask the employee to provide medical certification to prove that she is bipolar?