Employment Law
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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.

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A Trump administration official’s frustration over confidentiality breaches has turned into useful advice that can benefit HR professionals who worry about disclosure of sensitive information.
A federal court in Pennsylvania has handed a big win to employers in a case that hinged on whether Uber drivers are properly classified as independent contractors instead of employees.
While the proposed 2019 budget is needed to fund higher spending for the military, as well as to pay for the construction of a border wall and infrastructure repairs, there were few surprises in the FY2019 budget plan for cutting the budgets of federal labor and employment agencies.
When an employee is injured on the job, what you do—and when you do it—can determine not only how quickly the employee will return to work but also whether he or she will return at all.
The Senate confirmed employment lawyer John Ring to fill the last remaining vacancy on the National labor Relations Board. The next morning, President Trump announced Ring would become chair of the NLRB. Republicans again hold a 3-2 majority on the board.
When separate entities seem to share common ownership and one dictates how the other operates, they may be joint employers. That may make them mutually liable for employment law violations.
If you discover you have made a wage-and-hour mistake, the safest approach is often to make it right as soon as possible. If you dispute an employee’s wage claim, you may wind up paying far more in legal fees than you would have if you had simply paid the money the worker claims you owe.
As telework’s popularity grows, so do legal concerns for employers. To lower your risks, devise a telecommuting policy that protects you on these fronts.
In order to win a disability discrimination case, a worker who claims she is disabled by pain has to show how that affects her ability to work. If the employee misses work but doesn’t explain why or that it’s related to her disability, she doesn’t have a case.
The EEOC is putting employers on notice that it will vigorously enforce the rights of employees who serve in the National Guard or military reserves or who are veterans.
Apparently no longer required to wait for formal rulemaking to be complete, the Department of Labor’s Wage and Hour Division has issued a Field Assistance Bulletin describing how federal investigators will treat tip pooling practices they encounter.
Some employees who need reasonable accommodations may insist on having the option to work from home. That may be a workable solution for some positions. However, it won’t be appropriate for other jobs that require direct supervision or the employee’s physical presence in the workplace.

Here’s a warning about turning down an applicant who lists union memberships or otherwise indicated union support on his employment application. Refusing to interview him or turning him down for a job he is qualified to do may backfire.

If enacted, H.R. 620 would require plaintiffs filing accessibility complaints under Title III of the ADA to first contact the business to provide them an opportunity to make repairs before any legal action is taken.
The high court unanimously ruled that when calculating overtime for pay periods in which an employee earns a flat rate bonus, employers must divide the total compensation earned in the pay period by only the non-overtime hours worked. This is contrary to the federal overtime method used under the Fair Labor Standards Act.

Here’s some good news from the 8th Circuit Court of Appeals: The court, which covers Minnesota employers, turned down a petition to allow an employee to introduce a new discrimination claim that he failed to clearly outline in his original lawsuit.

The owner of Drake Tavern in Jenkintown, Pa. will serve up $25,902 in back wages and an equal amount in liquidated damages to 50 employees after investigators from the U.S. Department of Labor’s Wage and Hour Division discovered that managers consistently altered employee time card.

Q. Is an employer required to pay an employee for time spent traveling from home to the airport (and vice versa, from airport to home on the return trip), and for travel time from the airport to a hotel (and vice versa)?

Before you discipline or discharge anyone who has filed safety complaints, make sure you have rock-solid reasons for doing so. Otherwise, punishing a safety whistleblower may mean liability for retaliation and punitive damages.

Employers won’t be allowed to pocket employees’ tips under the Department of Labor’s controversial proposed tip pooling rule now that President Trump has signed stop-gap spending legislation.
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