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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 Hennepin County District Judge has sided with a former bartender at the Surly Brewing Co. in Minneapolis in a dispute over the company’s tip pooling practices.
A Minnesota appeals court has reinstated a Uniformed Services Employment and Reemployment Rights Act claim against a state university.
What can you do about a disabled employee who has requested a late starting time as a reasonable accommodation—and still can’t manage to get to work on time? You can and should discipline her just as you would any other employee with attendance problems.
When Buffalo-based M&T Bank purchased Hudson City Savings Bank, it got a little more than it bargained for. It inherited the fallout from HCSB’s “100%-healed” policy, which requires employees to take sick leave unless they could work with no medical restrictions whatsoever.
Following a review of existing worker visa programs, Labor Secretary Alex Acosta has announced a push to combat visa fraud. He said the effort was intended to “increase protections of American workers,” while confronting employers that engage in visa fraud and abuse.
If you’re like most employers, you want to control who works overtime and when they do it. You no doubt have a sternly worded policy addressing the issue in your handbook. But a strong policy is only half the battle.
Teva Pharmaceuticals, headquartered in Horsham, Pa., is suing a former executive, claiming she transferred confidential computer files to her boyfriend—the president and CEO of Apotex, Canada’s largest pharmaceutical manufacturer.
A Wisconsin software firm has become the first U.S. company to offer employees the option of being microchipped. These injectable microchips allow employees to open secure doors or log on to their computers.
Typically, courts look at whether an employee has used FMLA leave in the past when considering whether his employer interfered with his FMLA rights more recently.
Two iconic businesses at Reading Terminal Market in Philadelphia have agreed to pay $660,117 in back wages and liquidated damages to 140 employees who alleged violations of the Fair Labor Standards Act.
The contentious issue of joint employment—in which two or more entities may be considered equally liable for employment law and labor law violations—will gain some clarity if bipartisan legislation introduced in the House of Representatives July 27 is enacted.
Occasionally, it may become clear that a whistleblower needs to be fired for reasons entirely unrelated to his protected activity. That requires careful thought, because the employee may claim that his termination was retaliation.
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.
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.
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.
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.
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