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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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Democratic wins in November's midterm elections could influence the HR agenda on Capitol Hill, according to Michael Aitken, vice president of government affairs at the Society for Human Resource Management.
Here are  updates on the interaction between the FMLA and the ADA, and on the U. S. Department of Labor’s new guidance on the FLSA and higher educational institutions.
Disabled employees seeking to return to work may be entitled to an open position for which they are qualified. But when is a position considered open?
Under the ADA, each worker’s disability must be considered on an individualized basis. Thus, a condition that might not slow down one person may have a more profound effect on another, warranting a reasonable accommodation.
As part of fulfilling its mission to enforce the Fair Labor Standards Act, the FMLA and other laws—and in recognition of their complexity—the DOL allows employers to ask specific questions about how to comply.
Internally reporting illegal activity may amount to whistleblowing and may protect the worker from discharge, even if the employer has seemingly legitimate reasons for otherwise firing the worker. That’s one good reason to consult your attorney before terminating a worker who may be a whistleblower.
It is essential to grant FMLA leave when eligible employees need it. At the same time, it is perfectly legal to require employees to follow specific procedures for using leave. Just make sure employees understand those rules.
Disability claims for joint disorders and musculoskeletal issues have increased significantly over the past 10 years in the U.S., according to data from Unum, the nation’s largest provider of disability insurance.
Nevada Restaurant Services, a large Las Vegas gaming company that operates slot machines, casinos and bars in Nevada and Montana, will pay $3.5 million to settle a disability discrimination lawsuit filed by the EEOC.
A federal court has refused to certify a wage-and-hour class-action lawsuit. The crux of the case: Minnesota’s unique rules requiring employees to be paid for breaks of less than 20 minutes.
Eastern Penn Manufacturing Co. in Lyon Station, Pa., faces a lawsuit after investigators from the U.S. Department of Labor’s Wage and Hour Division found the company failed to pay workers for the time they spent putting on and taking off protective clothing and time spent showering before they checked out.
Unions won 1,013 organizing elections in 2017, the first year of the Trump presidency. That’s up from 998 elections in 2016.
The NLRB has ruled that Walt Disney World in Florida did not violate the National Labor Relations Act when it withheld $1,000 bonuses from union members unless they ratified a new union contract.
Like a pride of lions flashing teeth and fangs, the California legislature is on the hunt in 2018. As has become an annual spring ritual, Sacramento politicians have once again proposed a progressive labor agenda.
Employers must have clearly defined anti-theft policies to combat the problem. These guidelines can help you implement a no-theft policy at your organization.
Supervisors sometimes say things they shouldn’t. Don’t let those minor screw-ups derail discipline that’s clearly deserved.
Before you rush to make arbitration agreements a centerpiece of your legal risk management strategy, understand what they are and what they are not.
A federal court in Texas has concluded that attendance can be considered an essential function of a job. A disabled worker who can’t make it to work with some regularity simply isn’t qualified; no amount of accommodation can fix that problem.
Ignoring a lawsuit won’t make it go away. In fact, it almost certainly means a default judgment in the employee’s favor. Be sure managers and executives understand they must take all legal paperwork seriously.
Don’t have an arbitration agreement in place? Don’t expect to implement one after an employee has filed a class-action lawsuit.
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