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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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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.

Supervisors must be careful about how they handle discussions about employee disabilities. Comments the boss considers innocuous might feel very different to a disabled worker, and that can lead to needless litigation.

The big tax bill signed into law around Christmas includes a welcome new federal tax credit for employers that offer paid family and medical leave to their employees. But pay attention to the fine print—not every employer can take advantage.

Do you offer an extended training period for newly hired workers who will be performing high-skill, exempt administrative jobs? If so, you may have to treat them as hourly workers during the training period when they are not actually performing work, but learning how to do their new jobs.

The top 10 settlements in employment-related categories totaled a record high of $2.72 billion—nearly $1 billion more than 2016.

Workers who claim they should have been paid overtime don’t have to come forward with detailed pay records to move the case into discovery. That’s because record keeping is the employer’s responsibility under the Fair Labor Standards Act.

Employers can drug test employees as part of a safety program. The mere existence of a properly designed testing program does not invade a worker’s right to privacy.

Q. An employee returned after a work-related injury with doctor restrictions. We put her in a light-duty job, but it’s been more than 90 days with no end in sight. She works a full eight-hour day, but not in the job we hired her for. What can we do?

If you structure an arbitration agreement so it takes away too many employee rights, you may find yourself in federal court anyway—first to litigate the validity of the agreement and then to try the case. 

The Department of Labor has extended the deadline to comment on proposed tip pool rule changes to February 5, 2018. The original deadline was Jan. 3.

The Department of Labor under the Trump administration has rescinded the six-factor test and now uses a “primary beneficiary test” in which seven factors are weighed.

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