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Employment Law

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A court has concluded that, for some jobs, full-time attendance is an essential function. When that’s the case, an employer has no obligation to create a part-time position to accommodate an employee’s disability.
Are you negotiating an employment contract with an applicant for a high-level position? If the applicant actively participates in that negotiation and makes counter-offers to the terms you propose, chances are a court won’t later throw out the agreement even if it includes an arbitration clause.
Local 12 of the American Federation of Government Employees, the union representing 3,000 Department of Labor employees, wants new Labor Secretary Alex Acosta to reduce the DOL’s reliance on contractors.
Attorney General Jeff Sessions has recommended that the White House appoint Eric S. Dreiband to run the Department of Justice’s Civil Rights Division.
An employee had alleged Fair Labor Standards Act violations in an overtime lawsuit. Her employer changed its overtime policy—and applied it to the employee and no one else.
The New York State Workers’ Compensation Board has unveiled proposed regulations for the state’s new Paid Family Leave law. It is intended to complement the existing state disability insurance program.
The EEOC filed suit on behalf of a male ultrasound technician whose clients requested a female technician.
The American Dental Association’s former chief legal counsel and its former HR director will split $1.95 million after the EEOC determined the association probably retaliated against the two executives for voicing concerns about what they believed were discriminatory actions.
Sometimes, all an employee has to do to bring a federal lawsuit is pay the filing fee. The result is that employers sometimes have to defend against bogus claims.
President Trump has overturned yet another Obama-era executive order when he scrapped the federal contractor “blacklisting rule.”
A member of the NLRB since 2013, Philip A. Miscimarra has been serving as acting chair since Jan. 23.
Alexander Acosta became the nation’s 27th secretary of labor April 28.
In theory, removing bias from the employment equation should enable employers to hire and manage the best employees based on knowledge, skills and abilities. Several HR-related artificial intelligence software packages attempt to do just that.
A bill before the Texas state legislature would give the state the power to nullify municipal ordinances protecting lesbian, gay, bisexual and transsexual employees.
The bipartisan budget bill brokered May 1, which will keep the federal government open through the end of September 2017, lowered funding for the Department of Labor by $83 million compared to its 2016 budget.
While there is talk of eliminating certain agencies, it is not likely that OSHA will be on the chopping block. However, less regulation is likely.
It’s up to the employer to establish exempt status and to provide the proof that the worker did perform exempt tasks at least half the time.
Last week we reported briefly on Trump administration efforts to reach out to industry leaders and employers seeking suggestions on which government regulations should be cut. The results are now in.
Keep good time records, or expect to fight it out in court if some of your employees allege they weren’t paid for all time worked and are due overtime.
A bill working its way through the House of Representatives would allow private-sector employers to offer comp time in lieu of overtime pay.
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