In order for an employee to claim he or she suffered retaliation, some form of protected activity has to have occurred to precipitate the unlawful punishment. What constitutes protected activity depends on the specific law under which the employee claims protection. It’s not enough to merely complain about working conditions.
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.
Some disabilities cause behavioral problems at work. A corollary is that some employees may try to excuse rule-breaking as a side effect of their medical conditions. Even if you suspect that’s what is going on, proceed with extreme care.
The U.S. Department of Labor on March 1 named the newest honoree in its Labor Hall of Fame: former President Ronald Reagan.
The Department of Labor has filed suit against a northern Washington berry farm for violating the labor provisions of the H-2A visa program by favoring foreign workers over an eligible U.S. citizen who wanted a job.
If confirmed, John Ring—currently co-chair of the labor/management practice at the Morgan Lewis law firm—would give Republicans a 3-2 majority on the NLRB.
Under the disability discrimination provisions of California’s Fair Employment and Housing Act, employers are required to offer extended leave as a reasonable accommodation for disabled employees—as long as the employee provides an estimated return date.
Employees who engage in so-called protected activity under Title VII cannot be retaliated against for doing so. But the definition of protected activity is narrow.
Sometimes, it makes sense to simply agree to a disability accommodations request that sounds low-cost, easy to implement and convenient.
Follow these guides to crafting your company's sick-leave policy.
Employers with employees who work from home or far from the main office sometimes find themselves facing litigation in a state far from the main office. Making clear up front that lawsuits can’t be filed elsewhere may help.
A Maryland furniture delivery company has agreed to pay a spurned job applicant $94,541 to atone for not granting a religious accommodation.
Browning-Ferris is back! The National Labor Relations Board on Feb. 26 vacated a December 2017 ruling—Hy-Brand Industrial Contractors—that overturned the controversial Browning-Ferris decision.
A California employer didn’t violate the California Family Rights Act when it allowed a worker to return to light-duty work following an on-the-job light injury.
To claim whistleblower protection under the Dodd-Frank Act, financial services workers must have filed complaints with the federal Securities and Exchange Commission. So ruled a unanimous U.S. Supreme Court on Feb. 21.
Access to internal complaints should be on an as-needed basis. Restricting access to those files limits the number of staff members who can be accused of retaliation.
Courts are particularly unlikely to consider an arbitration agreement binding if it appears the employee did not understand what he was signing.
A company that operates residential care facilities in Mission Hills and Laguna Niguel has settled federal charges it violated the Fair Labor Standards Act.
In December, some high-profile businesses announced they planned to give bonuses to their employees. Other companies said they would raise the minimum wage entry-level employees receive, with corresponding increases for higher-paid staff. Both strategies recognize a tightening job market. Which one is right for your organization?
Workers have just 300 days following an alleged violation to file an EEOC complaint claiming ADA disability discrimination. The clock starts ticking when the reasonable accommodation the employee requested is turned down, even if the employer then provided a different accommodation instead of the requested one.
When HR staff make disparaging remarks about employees and their medical conditions, you can count on legal trouble.