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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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If you use an arbitration clause to cut down on expensive litigation, make sure your attorneys know as soon as an employee sues. Otherwise, you may end up waiving your right to compel arbitration.
When employers consider the possibility that an employee may sue under the Sarbanes-Oxley Act (an investor protection law sometimes called SOX), they naturally think in terms of financial damages. But courts are now saying that SOX allows wronged employees to collect emotional distress damages, too.
Public employees don’t lose their First Amendment free speech rights when they take a government job. Their employer can’t punish them for speaking out on matters of public importance.

OSHA inspectors staging a spot inspection at K-T Galvanizing Co. in the Dallas-Fort Worth-area town of Venus found 13 serious violations of workplace safety and health regulations.

The 8th Circuit Court of Appeals has upheld a Worker Adjustment and Retraining Notification (WARN) Act decision based on a worker-friendly interpretation of the terms “sale of assets” and “going concern.” The decision makes it easier for workers to challenge lack of a WARN notice when their employer claims to have sold company assets to another firm.

The National Labor Relations Board, in its Miller & Anderson, Inc. decision in July, announced a new standard that makes it much easier for unions to organize temporary employees working at another employer’s facility.
Employers need to know how to respond to Zika, the mosquito-borne disease linked with birth defects.
A voluntary agreement signed on Aug. 1 between the Department of Labor and Subway—in which the sandwich chain pledges to force its franchisees to comply with wage-and-hour laws—is raising eyebrows among business advocates.
A bill that would make it unlawful to require military veterans to sign arbitration agreements waiving their right to sue for discrimination based on their military status (A.B. 2879) appears to have died in committee.
New York City Mayor Bill DeBlasio has signed an amended version of the city’s Displaced Building Service Workers Protection Act into law, a move that may not mollify critics of the original law.
The U.S. Supreme Court has refused to hear an industry challenge to the U.S. Department of Labor’s Home Care Final Rule. The decision lets stand a lower court ruling in Home Care Association of America, et al. v. Weil, allowing the rule to be implemented.
If you use an arbitration agreement to limit litigation, have your attorney regularly review the language in the agreement. It’s the best way to avoid completely defeating the purpose of having an agreement.
The 8th Circuit Court of Appeals, which covers Minnesota employers, has come out against the NLRB’s interpretation on arbitration agreements.
If an employee sues, immediately let your attorney know if the employee signed an arbitration agreement.
The NLRB is at it again, this time overturning its own previous ruling that determined which employees can vote in a union election.

Finding an accommodation for a disabled employee is just always possible. There may be no practical way to accommodate some disabilities. If that’s the case, termination may the only reasonable option.

The U.S. Department of Labor has increased the price tag for employers that violate wage-and-hour, safety and immigration laws.
Employers can, and should, ask for appropriate medical documentation to back up requests for time off. If not received, the worker can be disciplined.
A study by the pro-union, nonprofit Century Foundation found that only 103 strikes were called in 2014, lasting an average of 35 days.
Employee wellness programs have become increasingly popular in recent years and they are mainly regulated under two federal laws.
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