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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.

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The Senate voted Sept. 25 to confirm the nomination of William Emanuel to fill the final seat on the National Labor Relations Board, giving Republicans a 3-2 majority that is likely to hold until at least 2020.
When the Department of Labor or another governmental agency says it is sending an investigator to the workplace, there’s a right way and a wrong way to respond. The wrong way: Removing the employee whose complaint you suspect spurred the authorities to visit.
If an employee sues her employer and suddenly faces increased scrutiny, she may argue that she’s being retaliated against. She would have an even stronger case if the employer was singling her out for extra scrutiny.
When a former employee asks the Texas Workforce Commission to order her former employer to cough up allegedly unpaid wages, the commission’s decision on what was owed can be used to end a Fair Labor Standards Act claim for the same pay.
In an important case that could carve out new rights for new mothers, the 11th Circuit Court of Appeals has ruled that employees returning to work after giving birth may be entitled to light-duty work to accommodate the need to express breast milk for their babies.
When thinking about disability accommodations, don’t focus solely on disabled employees. If you serve the public, the ADA requires you to consider your disabled customers’ needs, too.
Even if you think you have a rock-solid reason to fire someone, don’t count on it as an airtight defense against every lawsuit. Your rationale might, for example, be an excellent defense against an age discrimination claim, but not against an FMLA claim.
Expect a flurry of activity from the National Labor Relations Board in the run up to the departure of chair Philip Miscimarra.
Employers are supposed to engage in the interactive accommodations process with disabled workers to arrive at workable accommodations. But what if the employee stops communicating with HR about suggested accommodations?
If an employee says she is going to need FMLA leave as soon as she becomes eligible, terminating her may amount to interference with the right to take FMLA leave. That’s true even though she wasn’t eligible for leave when she was fired.
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