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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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When thinking about disability accommodations, don’t focus solely on disabled employees. If you serve the public, the ADA requires you to consider your disabled customers’ needs, too.
Even if you think you have a rock-solid reason to fire someone, don’t count on it as an airtight defense against every lawsuit. Your rationale might, for example, be an excellent defense against an age discrimination claim, but not against an FMLA claim.
Expect a flurry of activity from the National Labor Relations Board in the run up to the departure of chair Philip Miscimarra.
Here’s a warning to employers that routinely use a tip credit when compensating tipped employees, but also require them to perform additional work before the beginning of their tipped work and after the tipped part of the day ends.
Employers are supposed to engage in the interactive accommodations process with disabled workers to arrive at workable accommodations. But what if the employee stops communicating with HR about suggested accommodations?
If an employee says she is going to need FMLA leave as soon as she becomes eligible, terminating her may amount to interference with the right to take FMLA leave. That’s true even though she wasn’t eligible for leave when she was fired.
Pro-labor movements like the Service Employees International Union-backed “Fight for $15” campaign and the AFL-CIO’s “Union Yes!” advertising blitz are influencing public opinion, according to a recent Gallup poll that shows increasing support for unions.
HR professionals have protection against being fired for voicing legitimate concerns about discrimination and for refusing to engage in activities they believe may be discriminatory.
Unless you can verify that the employee did in fact complete your process, it may not actually bind employees to any contractual provisions such as arbitration agreements.
Regardless of sexual orientation’s uncertain protected status, it is well-settled that mocking someone’s nonconformity to society’s gender stereotypes is sex discrimination.
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