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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.

The EEOC and the New United Motor Manufacturing Inc. (NUMMI) have settled claims that the company denied benefits and locked out disabled workers before a plant shutdown in Fremont.
Employers can shorten the time employees have to sue by stipulating uniform claims timeframes that cover all disputes. However, you must be very specific about what’s covered.

The National Labor Relations Board has announced its final rule on Notification of Employee Rights under the National Labor Rela­­tions Act. The proposed rule had been pending since December of last year. Now that it is final, employers have until Nov. 14 to put up an official poster stating that employees have a right to form or join a union.

The Older Workers Benefit Protection Act forbids discrimination by employers based on age when providing employee benefits, like severance. The OWBPA also ensures that no employee is coerced or pressured into signing legal waivers of rights under the Age Discrimination in Employment Act (ADEA).

Conducting job interviews is one of the most legally dangerous tasks performed by managers. One misguided question could cause an applicant to think he or she was re­­­­jected due to one of the federally pr­o­­tected categories. Take this hiring quiz to see if you know which questions are legal and which are not:  

Reductions-in-force have become standard employer strategies for trimming workforces in tough times. Employers must analyze such layoffs to avoid discrimination lawsuits based on age, sex, and race, as well as comply with the Worker Adjustment and Retraining Notification Act (WARN).
Last month the DOL proposed changes to child labor regulations for agricultural workers. The proposal would bar employees under age 18 from working in certain jobs, including grain elevators, silos, feed lots and stockyards.
Employers often insist that key employees sign noncompete agreements to ensure the employee will not use information or customer contacts gained during the course of employment to benefit a competitor. Several states have recently changed their laws governing noncompetes. In other states, courts have responded to unusual sets of facts to render surprising decisions.
Q. We have an employee who claims to belong to a religious sect I have never heard of. Their alleged holidays always occur on Mondays. Do I have to give her these holidays off?
OSHA has launched a new Occupational Noise Exposure page on its website that provides tips and tools to prevent noise-related hearing loss.