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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 Department of Labor’s Office of the Inspector General is investigating allegations that Labor Secretary Alex Acosta ordered DOL staffers to quash internal research showing that a proposed rule allowing tip pooling in the hospitality industry would cost employees $5.8 billion per year.

Employees with disabilities who are also eligible for FMLA leave have limited protection from discharge if they miss work because of complications related to their disabilities. However, employers also have a legitimate right to expect workers to show up for work most of the time.

When a worker complains about being underpaid, that may be protected activity and punishing the worker for complaining may be retaliation. Advice: Take all compensation complaints seriously. Make sure supervisors don’t retaliate.

What you designate as essential functions in a job description can make all the difference when faced with an employee who is demanding reasonable accommodations for a disability.

With almost no fanfare, the National Labor Relations Board last month announced plans to seek a settlement with McDonald’s instead of continuing to pursue a three-year-old lawsuit that accused the fast-food chain of colluding with its franchisees to punish employees who protested for higher pay.

Employers that want to arbitrate all employment-related disputes have won support from California’s state appellate court system, which ruled it acceptable to create different arbitration agreements for different employment-related purposes, each with different terms and conditions.

A two-year-old law requires the U.S. Department of Labor to adjust the level of employment law fines each year based on inflation.

A Tennessee employer faces an EEOC lawsuit alleging it unlawfully fired a worker after she asked for leave to deal with her anxiety. The case highlights an HR imperative: When dealing with an employee who has medical problems, you may need to consider the ADA in addition to the FMLA.

If, like many employers, you have neglected updating your employee handbook, now is a good time to do so. That’s particularly true for Texas employers that use arbitration agreements to keep employment law disputes out of court.

A new ruling by the National Labor Relations Board has defined a joint employer as one that exercises “direct and immediate” control over worker activities. For employers, that’s a welcome return to normal after two years of uncertainty.

What managers say during the hiring process can spell trouble later if anything they say sounds like a promise that induces a candidate to accept a job offer and the employer fails to follow through.

When a worker claims she experienced sexual harassment and sex discrimination, how you handle it may determine if you will eventually face a lawsuit. Any hint that the employee was punished for coming forward will probably result in litigation.

It’s unlawful to punish employees for cooperating with the EEOC. If anyone who has been in contact with the EEOC is suddenly fired, reassigned or otherwise subjected to some negative action, you’re courting a retaliation lawsuit.

Q. May employers require medical examinations of applicants and employees?

Employees can’t quit and claim constructive discharge just because conditions at work became uncomfortable. But what level of discomfort is required?

The National Labor Relations Board’s top attorney wants to add a new layer of management between headquarters staff in Washington and the NLRB’s 26 regional offices.

It’s common for employers not to track the hours of independent contractors or exempt employees. That could end up being a serious mistake should one or more of those workers sue, arguing they were misclassified under the Fair Labor Standards Act.

Strataforce, a staffing company that operates in four states including California, has settled charges its hiring procedures violated the ADA.

A bill before the Pennsylvania General Assembly would make Pennsylvania one of the states most hostile to noncompete agreements. Pennsylvania House Bill 1938 would prohibit all “covenant[s] not to compete,” other than those resulting from the sale of a business or the dissolution of or dissociation from a partnership or limited liability company.

Even employers that scrupulously adhere to federal employment laws may have to contend with U.S. Department of Labor investigators. That’s because a particular employer’s conduct often has little to do with the DOL knocking on an employer’s door.

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