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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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Q. The FLSA requires that we pay the full salary for any week in which the exempt employee performs any work. We have a sick leave plan for all employees included in our paid time off—or PTO—plan. If an exempt employee calls off sick, we dock her PTO available, which includes sick or vacation. In other words, our PTO isn’t split into sick and vacation pay. Can we dock this bank until it’s gone before we pay her for nonwork days?
If you fail to keep tabs and the worker sues, it’s generally his word against yours as to how many hours per day and per week the employee worked. That can result in a big back-pay bill, especially if the court doubles the damages as permitted under both federal and state law.
Quitting isn’t the way to resolve harassment ... Staffing agency in trouble for sexism ... Moving an office isn’t retaliation
The Employee Rights Act would let union members withhold the portion of union dues used to support political activities, require annual union recertification elections and make it illegal for union officials to call for a strike before rank-and-file members vote to walk out.
Punishing an employee who requests a reasonable accommodation is retaliation even if it turns out that employee isn’t disabled and, therefore, wasn’t eligible for an accommodation at all.
Employees who have filed hostile work environment claims are allowed to sue their employers who retaliate against them for complaining. However, minor annoyances aren’t enough to constitute retaliation.
Speculation swirled last week that the White House’s 2018 budget would propose moving the Department of Labor’s Office of Federal Contract Compliance Programs to the EEOC.
OSHA won’t start posting employers’ injury reports on the web on July 1, as originally planned when a controversial rule was finalized last year.
When an employee has won a lawsuit against her employer, managers naturally want to make sure they don’t do anything that might smack of possible retaliation. On the other hand, managers shouldn’t feel as if the employee is now “untouchable.”
Q. Tax season is very busy at our accounting firm. Can I schedule employees to work every day of the week during the spring?
More than 40 field organizers have filed a class-action lawsuit against the Democratic National Committee, alleging they weren't paid for overtime hours they spent making phone calls and knocking on doors during Hillary Clinton’s 2016 presidential campaign.
Sometimes it’s obvious that you are going to have to fire an employee. First, however, you must follow your usual employment and HR procedures. Don’t just go through the motions, and don’t get sloppy!
The U.S. Supreme Court has ruled that individuals awaiting confirmation to fill vacant federal positions cannot begin assuming those duties while their confirmation is pending.
Don’t think setting up a multiple-path complaint process lets you off the hook. Even if an employee neglects to take her complaint “up the organization chart,” you are still responsible for stopping harassment that you find out about.
A survey by the Littler law firm asked 1,200 U.S. executives which Obama-era law or regulation would they most like to see repealed or revised.
While policy changes in Washington will eventually affect workplace practices, employers’ most difficult current challenges are being driven by state and local regulations, according to a new Littler Mendelson survey of HR professionals, in-house attorneys and senior executives.
It doesn’t take much for a court to approve a class-action overtime lawsuit if it is clear that a company policy affected everyone in the same job classification.
Different seasons usher in different employment law risks. Employment law firm Fisher & Phillips offers this five-point to-do list to get ready for the coming summer months.
The FBI is running background checks on two potential Trump administration nominees to fill two vacant seats on the National Labor Relations Board.
A group of taxi drivers lost their bid to be reclassified as employees. They remain independent contractors.
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