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.

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Under the FMLA, employers with 50 or more employees within 75 miles of the company’s work site are required to provide FMLA leave to their employees. But even if you're a small employer, innocent mistakes could make the “50/75 rule” meaningless to you — and force you to provide FMLA leave. Learn how to avoid that trap.

After much litigation and confusion, employers finally have an answer to whether they will have to comply with the overtime regulations the Obama administration intended to go into effect in December 2016. They don’t.
The first day of the U.S. Supreme Court’s 2017-2018 term may go down as “an epic day for employers,” according to court-watchers analyzing oral arguments in a case that will likely decide the extent to which employers can compel employees to arbitrate work disputes instead of taking class-action lawsuits to court.
Employers generally don’t have to tolerate racially hostile or otherwise offensive language at work. But under some circumstances, you may not be able to discipline a worker’s behavior if it occurred on a picket line.
Health care facilities are increasingly becoming targets of class-action wage-and-hour lawsuits. Alleging violations of the Fair Labor Standards Act, several recent lawsuits in Texas have challenged timekeeping practices related to meal breaks.
Legislation that would overturn the National Labor Relations Board’s 2015 Browning-Ferris decision has been approved by the House Committee on Education and the Workforce.
Zenefits FTW Insurance Services, an HR management software service based in San Francisco, has settled charges it misclassified 743 account executives and sales people as exempt from minimum wage protections. Workers in both California and Arizona were affected.
Two years ago, Emeryville, Calif. passed its Minimum Wage, Paid Sick Leave, and Other Employment Standards Ordinance. Now the city manager has released the regulations implementing the ordinance.
The case the court just accepted—Janus v. AFSCME—is virtually identical to one it dismissed a year ago. It involves a child support specialist in Illinois, Mark Janus, who objects to paying about $44 per month in fair-share dues to the union that represents workers in his government office.
More than half of private-sector nonunion workers must sign arbitration agreements as a condition of employment, according to a new study by the Economic Policy Institute.
Employers that operate in Minneapolis will have to pay workers $15 per hour by July 1, 2024. The city council approved the new ordinance this summer, with the first increase taking effect Jan. 1, 2018.
The Senate voted Sept. 25 to confirm the nomination of William Emanuel to fill the final seat on the National Labor Relations Board, giving Republicans a 3-2 majority that is likely to hold until at least 2020.
When the Department of Labor or another governmental agency says it is sending an investigator to the workplace, there’s a right way and a wrong way to respond. The wrong way: Removing the employee whose complaint you suspect spurred the authorities to visit.
If an employee sues her employer and suddenly faces increased scrutiny, she may argue that she’s being retaliated against. She would have an even stronger case if the employer was singling her out for extra scrutiny.
When a former employee asks the Texas Workforce Commission to order her former employer to cough up allegedly unpaid wages, the commission’s decision on what was owed can be used to end a Fair Labor Standards Act claim for the same pay.
In an important case that could carve out new rights for new mothers, the 11th Circuit Court of Appeals has ruled that employees returning to work after giving birth may be entitled to light-duty work to accommodate the need to express breast milk for their babies.
When thinking about disability accommodations, don’t focus solely on disabled employees. If you serve the public, the ADA requires you to consider your disabled customers’ needs, too.
Even if you think you have a rock-solid reason to fire someone, don’t count on it as an airtight defense against every lawsuit. Your rationale might, for example, be an excellent defense against an age discrimination claim, but not against an FMLA claim.
Expect a flurry of activity from the National Labor Relations Board in the run up to the departure of chair Philip Miscimarra.
If an employee says she is going to need FMLA leave as soon as she becomes eligible, terminating her may amount to interference with the right to take FMLA leave. That’s true even though she wasn’t eligible for leave when she was fired.
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