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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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Apparently no longer required to wait for formal rulemaking to be complete, the Department of Labor’s Wage and Hour Division has issued a Field Assistance Bulletin describing how federal investigators will treat tip pooling practices they encounter.
Some employees who need reasonable accommodations may insist on having the option to work from home. That may be a workable solution for some positions. However, it won’t be appropriate for other jobs that require direct supervision or the employee’s physical presence in the workplace.

Here’s a warning about turning down an applicant who lists union memberships or otherwise indicated union support on his employment application. Refusing to interview him or turning him down for a job he is qualified to do may backfire.

If enacted, H.R. 620 would require plaintiffs filing accessibility complaints under Title III of the ADA to first contact the business to provide them an opportunity to make repairs before any legal action is taken.
The high court unanimously ruled that when calculating overtime for pay periods in which an employee earns a flat rate bonus, employers must divide the total compensation earned in the pay period by only the non-overtime hours worked. This is contrary to the federal overtime method used under the Fair Labor Standards Act.
The owner of Drake Tavern in Jenkintown, Pa. will serve up $25,902 in back wages and an equal amount in liquidated damages to 50 employees after investigators from the U.S. Department of Labor’s Wage and Hour Division discovered that managers consistently altered employee time card.

Here’s some good news from the 8th Circuit Court of Appeals: The court, which covers Minnesota employers, turned down a petition to allow an employee to introduce a new discrimination claim that he failed to clearly outline in his original lawsuit.

Q. Is an employer required to pay an employee for time spent traveling from home to the airport (and vice versa, from airport to home on the return trip), and for travel time from the airport to a hotel (and vice versa)?

Employers won’t be allowed to pocket employees’ tips under the Department of Labor’s controversial proposed tip pooling rule now that President Trump has signed stop-gap spending legislation.

Before you discipline or discharge anyone who has filed safety complaints, make sure you have rock-solid reasons for doing so. Otherwise, punishing a safety whistleblower may mean liability for retaliation and punitive damages.

Q. Our sales team travels around the country for client pitches and various project meetings. Some members of the sales team are nonexempt. While flying, some staff perform work on their computers, while others relax or listen to music. Are we required to pay employees for travel time even if the employees are not working?

Some employers will soon be able to avoid the hefty penalties and double damages that usually result when the government discovers violations of the Fair Labor Standards Act.
Q. Are motor carriers exempt from complying with California’s usual overtime pay requirements?

About 10% of working age people who described themselves as disabled in 2016 found jobs in 2017.

Do you use an arbitration agreement to limit exposure to expensive and time-consuming employment litigation? If so, be aware that how you present that agreement to the employee and the employee’s language fluency may affect the viability of the contract.

Employees who take FMLA leave are not immune to discipline discovered while they are out on FMLA leave or after they return to work.

The U.S. Department of Labor has reissued 17 previously withdrawn opinion letters concerning the Fair Labor Standards Act. Most were written during the George W. Bush administration.

McDonald’s reports that it has negotiated a settlement with the National Labor Relations Board in a long-running lawsuit that alleged the fast-food giant was as liable as a joint employer when its franchisees engaged in unfair labor practices.

In December 2017, the National Labor Relations Board handed down a decision that changed the test for determining whether employers have engaged in unfair labor practices.

A federal court considering an overtime dispute recently dismissed the lawsuit because it didn’t include enough details—but then told the workers they could file an amended complaint addressing the deficiencies.

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