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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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Carefully document each and every disciplinary action at the time it occurs, complete with details on who said what and when it happened.
The U.S. Supreme Court ruled on May 23 that the clock starts ticking on constructive discharge cases on the day the employee announces plans to resign, not the day an employer’s allegedly intolerable act occurred.
A recent court decision is good news for employers of commissioned, exempt salespeople that also imply in their advertising that the salespeople don’t work on commission.
The former president of a Pennsyl­vania state employees union has been sentenced to house arrest and probation after pleading guilty to federal fraud charges.
A federal court has rejected an employer’s claim that by emailing a series of documents to herself before quitting, a former employee committed theft.
If you’re ever hauled into court to testify in a lawsuit against your organization, what you say, and how you say it, can sink your defense—or help you win. Here are the 10 weaknesses you must be prepared to defend:

Q. One of our former employees has asked to see his personnel file. Are we required to grant him access to it?

The U.S. Supreme Court on May 16 struck a minor blow against class-action lawsuits and took a pass on a case that could have dealt a blow to the Affordable Care Act. Both cases could have had a substantial effect on some HR operations.
Gov. Jerry Brown has signed legislation increasing the wage replacement rate under California’s paid family leave program.
Two GlaxoSmithKline scientists, one from Pennsylvania, are among five people charged with stealing trade secrets related to an anti-cancer drug the pharmaceutical giant is developing.
The last word may not yet have been written in Friedrichs v. California Teachers Association.
The Occu­pational Safety and Health Administration has  issued new procedures for enforcing revised injury and illness reporting requirements.
Employees who simultaneously file an EEOC charge and an internal complaint usually can’t win a retaliation claim just because their internal complaint was put on hold pending the outcome of the EEOC claim.
Increasingly, courts have been tossing out cases early on when it’s clear the former employee isn’t sure exactly what she thinks the employer did, but just assumes it was some sort of discrimination.
Unlike employees in the private sector, government workers have the right to speak out on matters of public importance without being punished for doing so.
In a notorious case involving a Philadelphia TV station, a reporter who used a racial slur during an editorial meeting has lost his bid to overturn a jury’s decision that his firing was not racially based.
Be sure to track employee accommodation offer responses to show lack of cooperation.
A California HR outsourcing firm must pay more than $1 million in back overtime wages to hundreds of employees after a U.S. Department of Labor investigation found widespread Fair Labor Standards Act violations.
An NLRB analysis of union representation cases in the last year reveals there is now about 14 days off the time between initial filings of an election petition and actual balloting.
Merely being obese is not a disability under the ADA, a panel of the 8th Circuit Court of Appeals has ruled.
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