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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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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.
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.
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.
Canada is pressuring U.S. trade representatives to override state right-to-work statutes as part of a renegotiated North American Free Trade Agreement.
The Department of Labor’s FY 2018 budget won’t suffer deep cuts if Senate Republicans have their way. But the Rules Committee approved an array of amendments designed to weaken the National Labor Relations Board and several pro-employee measures.
Sometimes, it is up to HR to stop bosses from doing the wrong thing—for example, when he is frustrated because he has to accommodate a disabled worker’s medical restrictions. If the supervisor comes up with an obviously implausible reason to fire the worker, expect trouble.
A supervisor for Regional International Corp., located near Rochester, said precisely the wrong thing to an EEOC investigator after an employee filed an ADA complaint against the company.
The Department of Labor has announced in its semi-annual Uniform Regulatory Agenda that it may scrap a tip-pooling rule enacted by the Obama administration. The existing rule bans using tip pools to share gratuities with workers who traditionally don’t receive tips, such as cooks and dishwashers.
Eight years of an Obama-era Democratic majority at the National Labor Relations Board have brought about some counterintuitive decisions and pro-union outcomes. One of the latest is Mek Arden, LLC d/b/a Arden Post Acute Rehab (365 NLRB No. 109, 2017).
Most training is designed to help employees perform their jobs better. Almost always, that means training time is paid time.

You don’t need to pay nonexempt employees for their commuting time to and from the workplace. That’s simple. But what if such employees occasionally travel off-site (or even overnight) for work reasons?

Q. Our organization rarely if ever lets employees work from home. An employee in our marketing department is struggling with a disability and has asked to work from home as an accommodation. Would that be a reasonable accommodation?
The 8th Circuit Court of Appeals, which has jurisdiction over Minnesota employers, has revived a lawsuit against a union for allegedly violating a state disability discrimination law.
A federal judge in Texas last month formally struck down the Obama-era regs that would have more than doubled the white-collar overtime threshold to $47,476 per year.
One of the most difficult aspects of creating a binding arbitration agreement is the almost inevitable litigation over whether the agreement you presented to workers is a legally binding contract. This case shows one way to make a contract binding: Allow employees to opt out up front.
An employee may feel singled out when HR holds a training session to address something that employee did. But that doesn’t make it retaliation.
To date, the 2nd Circuit Court of Appeals has not ruled definitively that the ADA provides an avenue for a claim of a hostile work environment based on disability. That may soon change. A lower court has approved such a case for trial.
Q. I would like to ensure that all of the individuals working for us do not engage in morally questionable behavior. Since many people show their true selves on social media, not at work, can I check the social media profiles of applicants and employees?
Make training available to everyone who may benefit. Be sure there’s no hidden bias behind choosing who gets to take part. If members of a protected class routinely miss out, expect a lawsuit.
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