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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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To win a retaliation case, the worker would have to prove that the discipline was motivated by a desire to punish him or her for making the report. That’s unlikely to succeed if 1) the discipline began before the safety problem was reported or 2) it is clear that any other worker would have been disciplined for the same rule violation.
The California Labor Commis­sioner’s Office has ramped up wage-and-hour compliance investigations by its Bureau of Field En­­forcement unit.
The verdict grabbed the attention of company executives: The Chipotle restaurant chain quickly tendered a settlement offer when a California jury awarded almost $8 million to a former manager.
It’s essential to respond promptly to every harassment complaint.
It’s fine to pay an hourly worker a set salary as long as it covers appropriate overtime. You may deduct from the salary if the employee doesn’t work enough hours.
Here’s a reminder that drafting employment contracts is best left to the legal experts.
The U.S. Supreme Court upholds the right of employers to require terms that include barring employees from filing class-action lawsuits.
It’s true your organization may not be liable for co-worker harassment if the harassed employee knew how to report harassment but failed to use the system. However, there can still be consequences if a supervisor retaliates against an employee who complained or threatened to complain but didn’t actually report the harassment.
Do you want to push employment disputes into arbitration, but prefer to have a state or federal court hear any trade secret-disputes? Keep those agreements separate.
Business needs or employees’ personal circumstances sometimes change, necessitating a revision of a job’s essential functions to include additional tasks or qualifications. What happens if that means the incumbent holding the job can no longer perform those essential functions—especially if she’s disabled?
Do you routinely include an arbitration agreement in your employment applications? It’s a good idea to keep copies of both, in case the employee later claims she didn’t understand what she was signing because of language barriers.
Sometimes an employee discovers she may have a disability, or that it’s time to disclose one she had been keeping secret. How the employer responds to that information may prevent an ADA discrimination lawsuit—or trigger one.
The National Labor Relations Board is considering enacting a rule to address the standard for determining joint-employer status under the National Labor Relations Act.
Sometimes, it makes a lot of sense to build a virtual wall between HR staff who handle discrimination complaints and manage litigation and those who review applications and requests for promotion.
Facts matter. Documenting those facts can make it much easier to defeat a challenge from either the worker or a state or federal government agency.
The U.S. Department of Labor plans to wait until 2019 to release new proposed overtime rules for white-collar employees. The announcement, buried deep inside the Trump administration's spring regulatory agenda document, merely states that the DOL will issue a notice of proposed rulemaking on "01/00/2019"—in other words, sometime next year.
Ever thought you might be able to skirt the Fair Labor Standards Act’s overtime provisions by arranging for related entities to “share” the same employees? Courts aren’t likely to buy the arrangement.
Few courts want to mediate petty disputes. Judges have more important matters to attend to. Just ask the judge who issued a caustic ruling in this recent case.
Farmingdale Auto Collision and its owners have agreed to settle charges the company violated the Fair Labor Standards Act by not paying overtime pay as required by the law.
Disabled employees are entitled to reasonable accommodations that allow them to perform the essential functions of their jobs. Employers cannot simply develop a list of one-size-fits-all accommodations for a particular condition.
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