Employment Law — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Page 5
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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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The Minnesota Supreme Court has given the go-ahead to lawsuits against employers that fire workers who refuse to share their tips with other employees or the employer.

When one or two employees claim that they have not been paid overtime because they were improperly classified as exempt, they don’t need much evidence to turn the case into a class-action lawsuit.

If an employer action affecting a worker’s pocketbook would make a reasonable employee think twice about filing a discrimination complaint, a court is likely to consider the merits of a retaliation lawsuit. 

If an employee doesn’t engage in the interactive accommodation process, instead offering up his own idea for a reasonable accommodation, does the employee still have the right to file a claim alleging failure to engage in the interactive process?

The Department of Labor under Secretary Alex Acosta is aggressively trying to recover back pay for workers who claim they’re being stiffed by employers that violate the Fair Labor Standards Act.

Sometimes, you may want to offer certain highly skilled, key employees an opportunity to acquire an equity stake in the business. Be sure to have your attorney draft the contract. Then follow up by documenting either the employee’s signature or her objections and lack of agreement.

All Temporaries Midwest, based in Minneapolis, has agreed to settle after investigators from the U.S. Department of Labor alleged the company violated the Fair Labor Standards Act when it failed to pay enough overtime to employees who worked more than 40 hours in a workweek.

Here’s a reminder for Pennsylvania employers: Before videotaping or otherwise recording an investigation into an employee complaint, get permission to do so. Otherwise, you may face a wiretapping criminal charge.

An employee’s mere suspicion about possible reprisal, based on seemingly minor supervisory actions, won’t persuade a court that retaliation occurred. Instead, workers are expected to take a bit of initiative.

A nurse who makes a report under the Texas Occupations Code is protected from discipline because of that report. Discipline within 60 days is presumed to be retaliation. However, employers can rebut this presumption by showing the discipline was not related to the report.

Does your organization test employees you suspect are under the influence of drugs and alcohol at work? If so, make sure you understand your obligation to disabled employees who may have been prescribed medications that can trigger a positive drug test response.

Labor Secretary Alex Acosta refused to name a target number when members of the House Education and Workforce Committee asked him about plans to raise the white-collar overtime salary threshold.

A progressive discipline system is the best way to correct employee performance problems. It’s also the best way to protect against wrongful termination lawsuits. It allows you to ensure that any employee fired because of inferior performance was treated fairly and in accordance with your company’s policies. Here’s a five-step model for progressive discipline:

When employees complain about discrimination or some other employment law violation, that’s generally considered protected activity. Punishing them in a way that affects pay may be unlawful retaliation.

When an employer in Pennsylvania revamped its break program by requiring workers to log out, it also decided the breaks would be unpaid. That flew in the face of decades of Department of Labor guidance—and provoked a lawsuit.

Average pay over the course of a workweek is what matters when it comes to determining if employees have received the proper minimum wages, according to a Nov. 15 ruling by the 9th Circuit Court of Appeals.

Document the timing and explanation for all employment actions. It’s hard for employees to win lawsuits over transfers, demotions or discharges when the employer has records showing objective business reasons for the move.

HR often has vague policies for when they’ll share an employee’s confidential information. Fact: You can’t always promise an employee that her conversation with HR will be confidential.

An employee at a Lowe’s store in Cleburne, Texas claims the home improvement chain violated the ADA when it demoted him from his department manager position and cut his pay.

During the final years of the Obama administration, the National Labor Relations Board adopted an extremely pro-worker and pro-union approach to employment and organized labor issues. That will probably change as the Trump administration puts the finishing touches on an NLRB makeover.

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