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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.

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Generally, seamen aren’t covered by the Fair Labor Standards Act’s overtime provisions. However, it’s not as simple as one might think to decide who should be classified as a seaman.
When it comes to employment law compliance, arrangements involving staffing companies sometimes prompt the question: Just who is the employer, the staffing agency or the client? Often, the answer is that either or both of them may be liable for employment law violations.
Employers that patiently go about the sometimes complicated business of identifying reasonable accommodations for disabled employees seldom end up losing in court. The key is to take the ADA seriously and work with the employee at every stage.
Love it or hate it, the Affordable Care Act remains the law of the land. That means, after months of futile legislating on Capitol Hill, important health insurance decisions will be made by courts, not Congress.
Ignoring notice about that case may put you on the losing end of a default judgment—or a second round of litigation.
Many employers’ attendance policies assign an “occurrence” for unscheduled, unapproved absences. It is important to carefully craft such policies to avoid running afoul of antidiscrimination and anti-retaliation provisions found in state and local paid sick leave laws.
Here’s a warning for employers that have regular employees and independent contractors who perform the same kind of work: If you pay the employees overtime when they work more than 40 hours in a workweek while contractors only receive straight time, you may end up facing a Fair Labor Standards Act class-action lawsuit.
The EEOC has just filed a lawsuit alleging an employer retaliated against an employee for complaining about discrimination by rescinding an existing religious accommodation.
The U.S. Supreme Court term that ended in June was most defined by the addition of new Associate Justice Neil Gorsuch in April. The High Court had been operating short-handed since February 2016, when Justice Antonin Scalia died. Few of the cases decided affected employment law.
With the July 26 release of what’s known as a request for information, the U.S. Department of Labor officially began a new effort to rewrite the rules that determine which exempt employees qualify for overtime pay when they work more than 40 hours in a workweek.
The Fair Labor Standards Act is now almost a century old. What hasn’t changed is the simple fact that trying to figure out the exempt or nonexempt status of a position requires applying the definitions of each exemption to the actual day-to-day work being done.
The Trump administration issued its first semiannual regulatory agenda on July 20, listing hundreds of issues it would seek to address using the executive branch’s rulemaking authority.
When HR professionals are surveyed, they routinely rate the FMLA and the ADA as the two most difficult laws to deal with. Here’s a look at 10 of the most challenging FMLA and ADA issues HR struggles to handle.
One wrong provision can force you into court to litigate the validity of the agreement before you ever get to arbitration.
A former Fox News Radio correspondent claims she was fired less than 24 hours after using a company hotline to voice concerns about gender discrimination. Fox has labeled the charges “meritless” and claim her job was axed due to budget cuts.
HR professionals sometimes warn managers that suspending an employee without pay can backfire—even if it’s for what seem like legitimate reasons. The problem is the potential for a retaliation lawsuit if the employee has previously complained about discrimination.
When employees complain about potential workplace discrimination and harassment, smart employers take it seriously. Nothing short of a thorough investigation will do. If you drop the ball and don’t take quick action, it could wind up costing your organization dearly.
Christner Farms in Dawson, in the southwest corner of Pennsylvania, has paid almost $22,000 to settle charges it filled positions with H-2A visa holders but refused to hire a qualified American citizen.
If you employ drivers and rely on the Motor Carrier Act to avoid paying those drivers overtime, be aware that any modification to vehicles that otherwise would fall under the law could so alter the vehicle that drivers are covered by the Fair Labor Standards Act instead.
Testifying at his confirmation hearing July 13, William Emanuel, nominated to fill a pot on the National Labor Relations Board, faced skeptical questioning from Democratic senators.
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