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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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The U.S. Department of Labor has begun issuing opinion letters again, following a nine-year hiatus. Opinion letters are a time-honored way for the DOL to answer employers’ specific questions on how to interpret the Fair Labor Standards Act.
It is essential to grant FMLA leave when eligible employees need it. At the same time, it is perfectly legal to require employees to follow specific procedures for using leave. Just make sure employees understand those rules.
Internally reporting illegal activity may amount to whistleblowing and may protect the worker from discharge, even if the employer has seemingly legitimate reasons for otherwise firing the worker. That’s one good reason to consult your attorney before terminating a worker who may be a whistleblower.
Disability claims for joint disorders and musculoskeletal issues have increased significantly over the past 10 years in the U.S., according to data from Unum, the nation’s largest provider of disability insurance.
Nevada Restaurant Services, a large Las Vegas gaming company that operates slot machines, casinos and bars in Nevada and Montana, will pay $3.5 million to settle a disability discrimination lawsuit filed by the EEOC.
A federal court has refused to certify a wage-and-hour class-action lawsuit. The crux of the case: Minnesota’s unique rules requiring employees to be paid for breaks of less than 20 minutes.
Eastern Penn Manufacturing Co. in Lyon Station, Pa., faces a lawsuit after investigators from the U.S. Department of Labor’s Wage and Hour Division found the company failed to pay workers for the time they spent putting on and taking off protective clothing and time spent showering before they checked out.
Unions won 1,013 organizing elections in 2017, the first year of the Trump presidency. That’s up from 998 elections in 2016.
The NLRB has ruled that Walt Disney World in Florida did not violate the National Labor Relations Act when it withheld $1,000 bonuses from union members unless they ratified a new union contract.
Like a pride of lions flashing teeth and fangs, the California legislature is on the hunt in 2018. As has become an annual spring ritual, Sacramento politicians have once again proposed a progressive labor agenda.
Employers must have clearly defined anti-theft policies to combat the problem. These guidelines can help you implement a no-theft policy at your organization.
Supervisors sometimes say things they shouldn’t. Don’t let those minor screw-ups derail discipline that’s clearly deserved.
Before you rush to make arbitration agreements a centerpiece of your legal risk management strategy, understand what they are and what they are not.
Ignoring a lawsuit won’t make it go away. In fact, it almost certainly means a default judgment in the employee’s favor. Be sure managers and executives understand they must take all legal paperwork seriously.
A federal court in Texas has concluded that attendance can be considered an essential function of a job. A disabled worker who can’t make it to work with some regularity simply isn’t qualified; no amount of accommodation can fix that problem.
Don’t have an arbitration agreement in place? Don’t expect to implement one after an employee has filed a class-action lawsuit.
To win a retaliation case, the worker would have to prove that the discipline was motivated by a desire to punish him or her for making the report. That’s unlikely to succeed if 1) the discipline began before the safety problem was reported or 2) it is clear that any other worker would have been disciplined for the same rule violation.
The California Labor Commis­sioner’s Office has ramped up wage-and-hour compliance investigations by its Bureau of Field En­­forcement unit.
The verdict grabbed the attention of company executives: The Chipotle restaurant chain quickly tendered a settlement offer when a California jury awarded almost $8 million to a former manager.
It’s essential to respond promptly to every harassment complaint.
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