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Employment Law

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Q. We discovered that one of our employees has a history of unprovoked violent fits due to schizophrenia. We certainly sympathize with our employee’s struggle, but we also worry about the safety of customers and other employees. Does state law allow us to fire him for this reason?
An employee who had a long history of filing internal discrimination claims has lost a retaliation lawsuit. She alleged her employer retaliated against her when it terminated her after she missed work for medical reasons, an absence her doctor believed might last indefinitely.
The former personal chef to rap star Sean Combs alleges that she was not paid overtime she was entitled to receive.
In a move that surprised EEOC staffers and employment law attorneys alike, President Trump on June 28 nominated corporate lawyer Janet L. Dhillon to chair the EEOC.
Sometimes landing the best candidate requires sweetening the salary pot, paying more than the last person to hold the job earned. Before you make such an offer, consider the potential consequences.
The Department of Labor has made what may be its last move in the abortive rulemaking process that would have raised the white-collar overtime salary threshold.
“Can’t we sue them for this?” That’s the sentiment many employers express after being on the receiving end of a lawsuit that they think is based on untrue facts. Although it is never satisfying to be told “that wouldn’t be a good idea,” this is generally the right answer for various reasons.
Q. One of our employees suffers from arthritis and has complained that the temperature of the office triggers joint pain. She has requested that we heat the entire office to 80 degrees Fahrenheit as an accommodation of her disability. Must we do so?
The more factors that show the workers are indeed in business for themselves, the more likely they should not be classified as employees, but as independent contractors instead.
Although no specific ordinance is before the Minneapolis city council, more than half its members have publicly stated they support a $15 an hour minimum wage.
President Trump has nominated management-side employment lawyer William J. Emanuel and Marvin Kaplan, chief counsel at the commission that reviews contested OSHA decisions, to the National Labor Relations Board.
A case will go to arbitration even though the employer couldn’t find a signed acknowledgment page showing an employee agreed to arbitrate disputes. Because the employer made it a standard practice to have applicants sign such acknowledgments, the court said the employee was bound by the agreement.
Texas courts interpreting Chapter 21 of the Texas Labor Code generally attempt to interpret it consistently with federal anti-discrimination laws. They frequently look to federal court decisions for guidance. However, there are differences between Texas and federal anti-discrimination laws.
In a move not seen in more than 35 years, the U.S. Department of Justice is switching sides in an upcoming Supreme Court case. The DOJ announced June 16 that it would no longer argue the employees’ case in NLRB v. Murphy Oil, backing management instead.
The Texas Supreme Court has reversed a lower court’s decision that urinary incontinence is not a disability under the state’s disability discrimination laws.
Can an employer be held liable for any damage that results from a data breach that leads to identity theft?
Few HR pros relish the thought of playing Big Brother. However, safeguarding sensitive data relies on being able to monitor employees’ use of your computer systems. In turn, you have an obligation to notify employees that you are watching what they read, write, download and upload.
Design Development NYC, a general contractor in Queens, has agreed to pay $726,989 in back wages, overtime and liquidated damages to 184 employees who had been misclassified in violation of the Fair Labor Standards Act.
Make sure all supervisors understand that they must never criticize employees for taking FMLA leave. For employees who need to care for their own serious health condition or that of a close relative, FMLA leave is a right, not a privilege.
The U.S. Department of Labor has announced plans to rescind a rule that would have required employers and labor-management “persuaders” to report contact with workers during union organizing campaigns.
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