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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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A California appellate court has invalidated an arbitration agreement on the grounds that it was unconscionable. The court said it was both one-sided and oppressive.
A proposed OSHA rule would require employers of 250 or more employees to submit quarterly injury reports electronically. The rule—to be finalized next year—wouldn’t add new recordkeeping requirements but would accelerate the injury-reporting process.
The U.S. Supreme Court on Nov. 4 heard oral arguments in the first of several employment law cases to be considered in the 2013-2014 term, this one hinging on the question: What does it mean to change clothes?
Q. We have been contemplating developing a dress code. What kinds of legal issues do we need to consider?

The NLRB and EEOC are actively enforcing the position that a blanket policy requiring confidentiality during investigations violates federal labor and employment law. That means employers must proceed carefully and thoughtfully when making confidentiality requests during investigations.

The U.S. Supreme Court will hear a number of cases during the 2013-14 term that could affect employers.
Amendments to Minnesota’s Par­­ent­­ing Leave Act took effect Aug. 1, expanding the definition of “covered family members” from just children. Now the definition includes not only minor children and those attending school (up to age 20), but also the employee’s own spouse, siblings, adult children, parents, grandparents and step-parents.
As prosecutors try to unravel Bernie Madoff’s Ponzi scheme, they are finding his personal life a tangled web as well.
Q. Our company received a report that an employee who called in sick on a Thursday and Friday later posted photos to her Facebook page that indicated she was traveling in another city with friends at the time. It appears she lied to us about being sick. Can we require her to give us her Facebook password so that we can see her online postings?
A bill before the New York Legislature would require employers to provide domestic or sexual abuse victims up to 90 days per year of unpaid leave to deal with the effects of the abuse.
Q. After making several accommodations for an em­­ployee who was recently diagnosed with epilepsy and assigned a service dog, another employee is now claiming he is allergic. Can we ask for medical documentation to confirm his allergy? And aside from moving him farther away from the dog, are there other accommodations we are required to make for him?
Former employees have deadlines for filing complaints over their termination or other employment discrimination claims. In most cases, they have to act within 300 days. Missing the deadline means they ­forever lose the right to sue.
Good news for supervisors who help determine who to cut in a reduction in force: Under the federal Worker Adjustment and Retraining Noti­­fi­­ca­­tion Act (WARN) and the New York State version of the law, there is no individual liability for violations.
With Veterans Day observations on Nov. 11, it’s a good time to review employer obligations under the Uni­­formed Services Employment and Re­­employ­­ment Rights Act (USERRA).
Remind supervisors that the integrity of the performance evaluation process depends on their honest assessment. Providing anything less may mean a court date and personal liability under North Carolina law.
The best approach when faced with an employee who files her own lawsuit without a lawyer’s help is to exercise patience. In almost all cases, a judge will toss out the case as soon as he or she is convinced there’s nothing there.
A worker who drank himself silly at work, fell and hit his head has lost his workers’ compensation claim.
An attorney in Texas Attorney Gen­­eral Greg Abbott’s office has filed a whistle-blower complaint claiming he has been forced to work in a hostile environment. Among his allegations: rampant discrimination, misuse of taxpayer dollars and falsification of hourly time sheets.
Employees who lose their jobs may not understand that if filing for bankruptcy, they must list any potential litigation claim as an asset. Federal courts have dismissed even obviously valid employment discrimination lawsuits when employees failed to disclose such claims in their bankruptcy paperwork. That may no longer continue, if this recent case is any indi­­cation.
Seems like a reasonable accommodation: An employee with severe knee arthritis wants to use a four-pronged cane to perform her job on the factory floor ...
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