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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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Sometimes, it is up to HR to stop bosses from doing the wrong thing—for example, when he is frustrated because he has to accommodate a disabled worker’s medical restrictions. If the supervisor comes up with an obviously implausible reason to fire the worker, expect trouble.
A supervisor for Regional International Corp., located near Rochester, said precisely the wrong thing to an EEOC investigator after an employee filed an ADA complaint against the company.
The Department of Labor has announced in its semi-annual Uniform Regulatory Agenda that it may scrap a tip-pooling rule enacted by the Obama administration. The existing rule bans using tip pools to share gratuities with workers who traditionally don’t receive tips, such as cooks and dishwashers.
Eight years of an Obama-era Democratic majority at the National Labor Relations Board have brought about some counterintuitive decisions and pro-union outcomes. One of the latest is Mek Arden, LLC d/b/a Arden Post Acute Rehab (365 NLRB No. 109, 2017).
Most training is designed to help employees perform their jobs better. Almost always, that means training time is paid time.

You don’t need to pay nonexempt employees for their commuting time to and from the workplace. That’s simple. But what if such employees occasionally travel off-site (or even overnight) for work reasons?

Q. Our organization rarely if ever lets employees work from home. An employee in our marketing department is struggling with a disability and has asked to work from home as an accommodation. Would that be a reasonable accommodation?
The 8th Circuit Court of Appeals, which has jurisdiction over Minnesota employers, has revived a lawsuit against a union for allegedly violating a state disability discrimination law.
A federal judge in Texas last month formally struck down the Obama-era regs that would have more than doubled the white-collar overtime threshold to $47,476 per year.
One of the most difficult aspects of creating a binding arbitration agreement is the almost inevitable litigation over whether the agreement you presented to workers is a legally binding contract. This case shows one way to make a contract binding: Allow employees to opt out up front.
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