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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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Undocumented status and the possibility the workers may be subject to deportation does not absolve you of your obligation to pay the minimum wage and overtime under California’s wage-and-hour laws. You must also grant mandated meal and rest breaks.
The U.S. Department of Labor’s Occupational Safety and Health Administration has ordered Chino, California-based Mr. Good Vape to reinstate a manager who reported alleged violations of federal safety laws in its production process.
Merritt Hospitality and HEI Hotels and Resorts, who together operate the Embassy Suites San Diego Bay, face an EEOC lawsuit alleging that the hotel failed to grant an asthmatic employee’s accommodation request.
The companies that own the Bernie’s Burger Bus restaurant chain in Houston will have to pay $62,754 after investigators from the U.S. Department of Labor’s Wage and Hour Division discovered a scheme to divide workers’ hours between two limited liability corporations to deprive them of overtime pay.
The owner of GT Drywall in Chino Hills, California, spent some time behind bars after a federal judge tired of his delaying tactics in an ongoing wage-and-hour investigation.
A $4.4 million hit to the corporate checking account just reminded an Illinois employer that the ADA requires an individualized assessment of disabled employees’ ability to perform their jobs.
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.
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.
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.
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.
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.
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?
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