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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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Consider offering additional medical leave as an accommodation—even if the worker isn’t eligible for any more.
An employee who complains about perceived discrimination may be wrong, but filing a complaint still counts as protected activity. If she files an EEOC complaint or a lawsuit, firing her shortly after she complains is just asking for a retaliation claim.
Nearly a third of women (32%) do not think they are making the same pay as men in their organization who have similar experience and qualifications, compared to 12% of men.
President Trump has nominated Wash­ington, D.C.-area attorney Sharon Fast Gustafson to be the new general counsel to the EEOC. The general coun­­sel is the commission’s top litigator.
Employers, not disabled employees, get to pick the accommodation.
Facing a push for unionization? Be careful! If you aggressively resist efforts to unionize and end up committing an unfair labor practice in the process, you may end up with a union workplace, even if employees vote down the union.
The Trump administration has nominated John Lowry to become assistant labor secretary for veterans employment and training.
A Trump administration official’s frustration over confidentiality breaches has turned into useful advice that can benefit HR professionals who worry about disclosure of sensitive information.
A federal court in Pennsylvania has handed a big win to employers in a case that hinged on whether Uber drivers are properly classified as independent contractors instead of employees.
While the proposed 2019 budget is needed to fund higher spending for the military, as well as to pay for the construction of a border wall and infrastructure repairs, there were few surprises in the FY2019 budget plan for cutting the budgets of federal labor and employment agencies.
When an employee is injured on the job, what you do—and when you do it—can determine not only how quickly the employee will return to work but also whether he or she will return at all.
The Senate confirmed employment lawyer John Ring to fill the last remaining vacancy on the National labor Relations Board. The next morning, President Trump announced Ring would become chair of the NLRB. Republicans again hold a 3-2 majority on the board.
When separate entities seem to share common ownership and one dictates how the other operates, they may be joint employers. That may make them mutually liable for employment law violations.
As telework’s popularity grows, so do legal concerns for employers. To lower your risks, devise a telecommuting policy that protects you on these fronts.
If you discover you have made a wage-and-hour mistake, the safest approach is often to make it right as soon as possible. If you dispute an employee’s wage claim, you may wind up paying far more in legal fees than you would have if you had simply paid the money the worker claims you owe.
In order to win a disability discrimination case, a worker who claims she is disabled by pain has to show how that affects her ability to work. If the employee misses work but doesn’t explain why or that it’s related to her disability, she doesn’t have a case.
The EEOC is putting employers on notice that it will vigorously enforce the rights of employees who serve in the National Guard or military reserves or who are veterans.
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.

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