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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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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.
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.
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.
When Pittsburgh-based PPG Industries purchased paint supply company Revocoat, it inherited a plant in Michigan—and an ADA problem.
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.
A fired worker in Seattle alleges chocolate giant The Hershey Co. wasn’t very sweet to her when she asked for a reasonable accommodation for her bad back.
A former firearms instructor for the Austin Police Department has filed a retaliation lawsuit claiming the department retaliated against him for filing an EEOC discrimination complaint.
Q. The recruiting manager of our company is interviewing a deaf applicant for an open position. What should she keep in mind during the interview?
The Trump administration is pumping the brakes on a new EEO-1 form that would have required employers to report aggregate information on how much they pay workers, broken down by gender, race and ethnicity.
President Trump has nominated disabled Iraq War veteran Daniel Gade to serve on the EEOC.
A federal appeals court has refused to reinstate a lawsuit based almost exclusively on complaints about common workplace annoyances.
If you haven’t had to interact with EEOC investigators yet, chances are you will eventually. And a supervisor who hasn’t been properly prepared to deal with EEOC investigators can sink your case fast.
A request for indefinite leave can sink more than an ADA claim. A federal court has dismissed an age discrimination case because the employee could not say when he would be able to work again.
Some supervisors hate including negative feedback in performance reviews of good employees. But nearly everyone has some room for improvement. It’s up to HR to insist on accurate evaluations, including negative feedback when warranted.
If you plan on using independent contractors to get work done, be sure to grant those workers a great deal of autonomy and freedom to do their work as they see fit. The less effort you make to control how and when they do their jobs, the better off you are.
Disabled employees may be entitled to transfer to an existing and open position, but they have no right under the ADA or the Rehabilitation Act to demand a job be created specifically as an accommodation.
The 8th Circuit Court of Appeals had reinstated a lawsuit against a grain operator based on the suspicious timing of a discharge and the use of what the court thought sounded like a manufactured excuse for not rehiring the worker.

Companies now have greater flexibility to engage outside labor without fear they will be charged with trying to dodge minimum wage or overtime rules.

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