In Pennsylvania, case law says employers should balance an employee’s privacy interests against the need for random drug testing.
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Employers that withdraw a job offer following a pre-employment medical examination risk being sued. Counter by being able to point to a specific task or set of tasks the exam showed would be impossible for the applicant to perform.
Employers are supposed to engage with disabled workers and applicants in the ADA’s interactive accommodations process in order to arrive at reasonable accommodations. But what if the employer refuses—and it turns out the employee wasn’t actually disabled?
Employers that require all employees to undergo medical exams either annually or following injury or illness may have a hard time justifying their policies under the ADA.
A federal court considering a class-action lawsuit alleging violations of California law and the federal Fair Labor Standards Act has dismissed the FLSA claims because the allegations were unclear.
Businesses must stay abreast of an alphabet soup of federal laws—ADA, ADEA, FMLA and so forth—each with its own requirements. Further complicating matters, most states have their own laws that override the federal requirements. To comply, you first must know which laws apply to your business.
Retaliation can be anything that would dissuade a reasonable employee from complaining about discrimination in the first place. It doesn’t have to be an isolated act.
If a case involving unpaid overtime or some other FLSA claims isn’t settled before the worker files a federal lawsuit, the law requires a federal judge to review any proposed settlement for fairness and consistency with the FLSA’s intent to protect workers from employer violations.
If you haven’t kept track of all worker hours, a court will ask employees for their estimates. And if the court thinks that isn’t accurate either, it will come up with its own estimate. That’s what happened in one recent case.
Under the California Fair Employment and Housing Act, employees who say they can’t work under a particular supervisor are not deemed to be disabled. Therefore, they aren’t entitled to any accommodation.
Employees are protected from retaliation for complaining internally about alleged discrimination. Some workers seem to think that means they can never be criticized or have their working conditions change. Fortunately, that’s not true.
Citing the risk to patients at its 15 hospitals and 75 clinics, Essentia required employees to get vaccinated or provide documentation substantiating medical or religious objections to the inoculations.
Some workers wrongly believe a disability immunizes them. If they are disciplined or terminated, they often sue. Those lawsuits will be dismissed early in the legal process if the employer takes the litigation seriously and explains exactly why the worker was disciplined or fired.
The National Labor Relations Board has launched a formal bid to overturn a 2014 rule that sped up the election process required to certify union representation of a workforce.
When employees consider whether to invite a union into the workplace to represent them, their choice may be guided by the psychology of decision-making. A recent book on the subject sheds light on how employers can respond to unionization efforts.
The Trump administration has weighed in on an upcoming U.S. Supreme Court that could determine if labor unions can charge “fair-share fees” to employees who aren’t union members.
Unless you get expert help drafting the agreement, your noncompete agreement may backfire. If you don’t follow Minnesota rules, you may end up with a contract that’s invalid and can’t be enforced.
A federal court considering California contract law has ruled that an arbitration agreement presented in an online click-through form is contractually valid.
Texas state agencies may not be sued under several federal laws unless state government immunity has been waived by Texas.
The EEOC has won a significant legal victory in a case testing the theory that discrimination on the basis of sexual orientation is sex discrimination under Title VII of the Civil Rights Act.