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.

As soon as employers started equipping employees with email accounts and a list of company email addresses, things started getting complicated. You can punish employees for many email attack campaigns—as long as you first make sure the content doesn’t qualify as concerted or protected activity.
OSHA standards require that employees be able to open an exit route door from inside at all times, without keys, tools or special knowledge. Last month OSHA slapped a supermarket with more than $62,000 in fines for locking all five exit doors during the night shift.
Failing to effectively communicate with your employees isn’t just bad for business. It also can create legal trouble. Here are five of the most common errors that land employers in court. As you’ll see, communication lies at the heart of all of them.
A court hearing is scheduled for Dec. 19 on two business-backed lawsuits challenging the legality of the National Labor Relations Board's new requirement that U.S. employers display a new workplace poster describing employees’ union rights.
The IRS’ new Voluntary Classification Settlement Program is designed to encourage employers to vol­­untarily reclassify workers as employees if they aren’t legitimate independent con­­tractors. Your incentive to come clean: none of the usual misclassification fines and penalties.

The end of U.S. military combat operations in Iraq means that more "citizen soldiers" will be returning to the civilian workforce. That makes it critical for HR professionals to understand USERRA, the federal law that protects the employment rights of military reservists and National Guard troops. Here's a primer.

Employment-at-will says that unless an employee is hired for a specific term, either the employer or employee can end the employment relationship at any time, for any reason, or no reason at all. But employers have the added burden of ensuring that: no terminations are based on a protected activity or a biased choice ...

The federal labor law can be a trap for the unwary—even for nonunion employers. Even if your employees don’t belong to a union, the National Labor Relations Act applies to you. Example: A nonunionized employer now has to pay $900,000 to two fired employees to settle charges that it violated the NLRA. To avoid similar trouble, you must understand this law!

Constructive discharge occurs when employees claim that their working conditions were so intolerable that they were forced to quit. Employers must stay within federal labor laws so they don't contribute to factors that trigger constructive discharge claims, and don't heighten the risk of employee lawsuits.
Employers must be careful of not only what they say, but what they do, so as not to trigger employee defamation lawsuits. Issues surrounding defamation claims include offering negative references, definitions of qualified and conditional privilege, and steps that can lower defamation culpability.