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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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While adverse actions such as termination are classic examples of retaliation and dissuasion, other acts may also make the cut. For example, a concerted campaign to make fun of or humiliate someone who takes FMLA leave may also violate the law.
It’s probably not in your best interest to jump the gun and sue a former employee if he hasn’t sued you. However, it may make sense if the former employee has initiated legal proceedings against you.
The Department of Labor and the Department of Education would merge into one agency under a Trump administration proposal released June 21. The plan was announced as part of an effort to streamline Washington bureaucracy.
Expect the decision to substantially weaken public-sector unions—which traditionally support Democratic candidates—as this ruling likely means the unions will likely see a large drop in funding.
The U.S. Department of Labor has refused to help a group of Democratic senators seeking to determine the overall impact of workplace sexual harassment on the economy. Now the legislators, led by Sen. Kirsten Gillibrand of New York, have turned to the Government Accountability Office for assistance.
What happens if there is an unwritten rule among supervisors that workers must come in early to set up and prepare for work before they’re allowed to log into the time-keeping system? That’s a recipe for a class-action FLSA lawsuit.
Unfortunately for employers, pro se litigation can take lots of time (and money) to defend. Judges are often willing to indulge employees who act as their own lawyers by providing detailed instructions on how to revise a complaint that would have been summarily dismissed had it come from an attorney.
Terminated employees often receive a severance payment in exchange for waiving the right to sue. Employees considering such an offer may feel stressed out, considering they are about to be fired. Their stress won’t invalidate an otherwise fair waiver.
A coalition of business groups is weighing in ahead of a new rule on joint employment expected to be issued later this year by the National Labor Relations Board.
An employee who makes a request for an ADA reasonable accommodation and is punished for doing so may have a retaliation claim. But she has to actually believe in good faith that the accommodation she is requesting will work.
In May, the U.S. Supreme Court ruled 5-4 that employers may include language in arbitration agreements that bars employees from filing class-action lawsuits to resolve employment disputes. It’s a huge win for employers.
Democratic wins in November's midterm elections could influence the HR agenda on Capitol Hill, according to Michael Aitken, vice president of government affairs at the Society for Human Resource Management.
Here are  updates on the interaction between the FMLA and the ADA, and on the U. S. Department of Labor’s new guidance on the FLSA and higher educational institutions.
Disabled employees seeking to return to work may be entitled to an open position for which they are qualified. But when is a position considered open?
Under the ADA, each worker’s disability must be considered on an individualized basis. Thus, a condition that might not slow down one person may have a more profound effect on another, warranting a reasonable accommodation.
As part of fulfilling its mission to enforce the Fair Labor Standards Act, the FMLA and other laws—and in recognition of their complexity—the DOL allows employers to ask specific questions about how to comply.
Internally reporting illegal activity may amount to whistleblowing and may protect the worker from discharge, even if the employer has seemingly legitimate reasons for otherwise firing the worker. That’s one good reason to consult your attorney before terminating a worker who may be a whistleblower.
It is essential to grant FMLA leave when eligible employees need it. At the same time, it is perfectly legal to require employees to follow specific procedures for using leave. Just make sure employees understand those rules.
Disability claims for joint disorders and musculoskeletal issues have increased significantly over the past 10 years in the U.S., according to data from Unum, the nation’s largest provider of disability insurance.
Nevada Restaurant Services, a large Las Vegas gaming company that operates slot machines, casinos and bars in Nevada and Montana, will pay $3.5 million to settle a disability discrimination lawsuit filed by the EEOC.
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