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 3
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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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The EEOC has won a significant legal victory in a case testing the theory that discrimination on the basis of sexual orientation is sex discrimination under Title VII of the Civil Rights Act.

When a disabled employee wants to return to work, limitations may make it impossible for him to do his old job. If so, it may be reasonable to either grant more leave or reassign the employee—or both.

In many organizations, it’s expected that exempt employees will routinely have to work more than the standard 40-hour workweek. What happens if an employee who has previously worked those long hours suddenly becomes disabled and can no longer put in 10 or 12 hours per day?

An employee can quit and sue for constructive discharge if the working conditions are truly intolerable. Being suspended with pay pending an investigation doesn’t qualify.

Management-side employment lawyer John Ring is in the final stages of White House vetting to replace National Labor Relations Chair Philip Miscimarra, whose term ends Dec. 16.

If a supervisor receives a whistleblower complaint from a subordinate, make sure he or she has no decision-making role in any subsequent discipline against the whistleblower.

Tales of sexual harassment from Hollywood to Washington have HR departments everywhere pondering the worst-case scenario: What if someone has been harassing co-workers for years? That ticking time bomb could go off at any time.

The U.S. Department of Labor has announced a proposed rule affecting Fair Labor Standards Act tip regulations that would give employers more options for sharing tips among more employees.

A Houston-area medical staffing firm refused to back down when the Department of Labor accused it of stiffing an employee out of overtime pay and then retaliating against the employee for complaining.

Q. An employee recently disclosed that he is illiterate and asked for our help in finding an adult literacy education program. What are our obligations toward this employee under California law?

This year’s Supreme Court docket covers several timely employment law issues. As the last word on important legal issues, Supreme Court decisions usually offer important compliance lessons.

The Minnesota Supreme Court has given the go-ahead to lawsuits against employers that fire workers who refuse to share their tips with other employees or the employer.

When one or two employees claim that they have not been paid overtime because they were improperly classified as exempt, they don’t need much evidence to turn the case into a class-action lawsuit.

If an employer action affecting a worker’s pocketbook would make a reasonable employee think twice about filing a discrimination complaint, a court is likely to consider the merits of a retaliation lawsuit. 

If an employee doesn’t engage in the interactive accommodation process, instead offering up his own idea for a reasonable accommodation, does the employee still have the right to file a claim alleging failure to engage in the interactive process?

The Department of Labor under Secretary Alex Acosta is aggressively trying to recover back pay for workers who claim they’re being stiffed by employers that violate the Fair Labor Standards Act.

Sometimes, you may want to offer certain highly skilled, key employees an opportunity to acquire an equity stake in the business. Be sure to have your attorney draft the contract. Then follow up by documenting either the employee’s signature or her objections and lack of agreement.

All Temporaries Midwest, based in Minneapolis, has agreed to settle after investigators from the U.S. Department of Labor alleged the company violated the Fair Labor Standards Act when it failed to pay enough overtime to employees who worked more than 40 hours in a workweek.

Here’s a reminder for Pennsylvania employers: Before videotaping or otherwise recording an investigation into an employee complaint, get permission to do so. Otherwise, you may face a wiretapping criminal charge.

An employee’s mere suspicion about possible reprisal, based on seemingly minor supervisory actions, won’t persuade a court that retaliation occurred. Instead, workers are expected to take a bit of initiative.

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