Employment Law

Need employment law advice? Your employee’s hungry attorney knows the latest on employment at will, reasonable accommodations, and more.

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Q. We’re considering using an online pre-employment screening test designed to determine if an applicant is the right fit for our business. Are there any risks associated with using such tests?
The NLRB has issued three significant decisions that affect the relationship between unions, em­­ployers and employees. These include new rules for determining what is an appropriate bargaining unit and when employees can vote a union out as their representative. Together, they add to the NLRB’s recent record of ruling in favor of unions and against employers.
Little booths and big customers may not be the best combination. A 290-pound man is suing the Columbus-based White Castle burger chain, claiming he suffered embarrassment and injured his knee when he tried to squeeze into a booth in a restaurant in New York.
Q. How do I know when to classify a worker as a contractor or a true employee?
Q. What is the new National Labor Relations Board (NLRB) rule regarding notifying employees of their rights under the National Labor Relations Act?
When it comes to accommodating disabilities, the process is supposed to be interactive. That means both the employee and em­­ployer are supposed to discuss how best to accommodate a disability while meeting everyone’s needs. It’s important to keep excellent records showing your efforts at accommodation and em­­ployees’ responses—especially if they are less than cooperative.
If you’ve been worried that some of your workers may be incorrectly classified as independent contractors, but leery about opening a legal can of worms to fix potential problems, Uncle Sam is offering to cut you a break.
A federal judge has issued a temporary restraining order that prohibits a New Jersey hospital from forcing 12 nurses to participate in training or services related to abortions.
The 9th Circuit Court of Appeals has reversed a lower court decision that allowed a teacher to display banners with the word “God” in the classroom.
Many frivolous lawsuits are filed by individuals who represent themselves—and who are so poor that they are exempt from paying filing fees. Courts are now refusing to allow appeals without payment of those fees if it seems clear the appeal would be brought in bad faith.