Employment Law — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Page 22
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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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Employers now have a uniform federal law to help them pursue trade secret misappropriation claims.
With the new overtime rules now blocked, what might happen next?
An employee who alleges he suffered retaliation for engaging in protected activity can still lose the case even if he proves the retaliation would have dissuaded a reasonable employee from complaining in the first place.
Sometimes, employees misunderstand what it means to be disabled under the ADA and state disability laws.
If the overtime rules aren’t upheld by January 20, they are likely dead in their current form.
The employment law cases the Supreme Court refuses to hear can be almost as important as those it decides.
In a complex case, don’t assume that because one part of the claim is clearly meritless, the whole case will go away.
The National Labor Relations Board’s controversial “persuader” rule died quietly Nov. 16.
The Congressional Budget Office is making the argument that employees who thought they were about to become eligible for overtime pay on Dec. 1 will ultimately be better off without it.
It’s not enough that an employee alleges he or she has been diagnosed with what may be a disabling condition.
Even if you believe no accommodation is possible for a disabled worker, the ADA requires you to at least consider the possibility.
Slights and on-the-job isolation are not enough for an employee to make out a case for retaliation for reporting discrimination or participating in litigation against one’s employer.
Q. We just hired a contractor for a special project. He has complained that he is sensitive to the smells in our office, which include personal fragrance, scent diffusers and “smelly” food. Since he isn’t our employee can we just tell him to put up with the odor?
With new rules set to take effect Dec. 1, some of your previously exempt employees will find themselves in unfamiliar territory: having to stop working when the clock strikes 5:00.
Once you’ve been notified that an auditor is coming, get prepared by conducting your own audit.
Expect the NLRB’s aggressive moves to come to a halt once the board’s makeup is changed.

Employers aren’t required to create new positions to meet a disabled employee’s needs, but they must consider the employee for open positions that he or she may be qualified to perform.

Q. Our receptionist gets occasional migraine headaches, and she gave us a long list of “triggers” that she wants us to eliminate at work. The list includes no fluorescent lights. We cannot afford to replace all of our fluorescent lights. Can we just say no?
These three are among the names being floated as possible nominees to become the Trump administration’s Secretary of Labor, according to Politico.com.
When an employee requests leave for family care, medical, parenting or military emergencies, the first thing an employer should do is to determine if the leave qualifies as time off under the FMLA.
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