EMPLOYMENT LAW

Business, employment lawyers react to Browning-Ferris decision

09/02/2015
The National Labor Relations Board’s Aug. 27 decision in Browning-Ferris, which redefined the concept of “joint employer,” sparked lots of buzz in the legal and business worlds. Here's a sampling.

Who's the boss? NLRB rules on joint employers

09/01/2015
The National Labor Relations Board on Aug. 27 scrapped decades of precedent with a decision that greatly expanded the definition of a “joint employer” to include entities that exert even indirect control over another organization’s employees.

Boss beat-down: What's our liability?

09/01/2015
Q. We recently had an incident in which a supervisor hit one of our employees. Are we liable? And what types of workplace violence is a company responsible for preventing?

Are posters required at every worksite?

09/01/2015
Q. Must a company post mandatory notices at every worksite? What are the penalties for failing to put up the mandatory posters?

Prepare for Department of Labor's proposed new overtime rule

09/01/2015
On July 6, the U.S. Department of Labor published a long-anticipated proposed rule that would make overtime pay available to nearly 5 million workers who are currently exempt from the Fair Labor Standards Act’s overtime requirement. The proposed rule would raise the minimum salary level for overtime exemption and raise the salary threshold for certain highly compensated employees.

Comcast settles sex bias charges involving call centers

09/01/2015
Philadelphia-based Comcast has settled charges it manipulated women into taking lower paying jobs at a call center in Washington.

No unemployment for employee who quit fearing discharge

09/01/2015
A woman who claimed she feared she would be fired if she took leave to take family members to medical appointments has lost her fight to receive unemployment benefits.

Employee quitting for medical reasons? Consider offering accommodation

09/01/2015

Employees who quit their jobs for “necessitous and compelling” reasons may still be eligible for unemployment compensation benefits. Quitting because of medical problems sometimes qualifies. That’s why employers should consider offering accommodations if an employee says he needs to quit for medical reasons. An accommodation offer may mean there’s no “necessitous and compelling” reason to quit.

Different starting salaries for same job? Be prepared to explain why

09/01/2015
Do you sometimes offer new employees different salaries for the same positions? If so, be sure you document why one applicant is worth more than another.

Consider disabled employee's request for accommodation--even if you think it's futile

09/01/2015
Supervisors who ignore an employee’s initial oral request for a reasonable accommodation risk exposing their employer to liability if the employee quits and sues. Never dismiss such a request out of hand.

Commitment to diversity doesn't prove bias

09/01/2015
Employers that make public commitments to creating a more diverse workplace don’t risk losing a lawsuit solely based on that stated objective. An employee alleging discrimination because he isn’t part of the targeted demographic for diversity still has to show that he was fired or not promoted for a discriminatory reason. He can’t simply argue that the diversity commitment proves his case.

Don't fire EAP counselor for backing worker

09/01/2015

Most employers outsource employee assistance plans, which offer confidential counseling to help workers deal with personal problems, work-related stress and other concerns. But some organizations handle EAP services in-house. That can cause a potential conflict of interest if an EAP counselor’s advice creates liability for the employer or calls into question its actions.

Does FMLA apply? Check local head count

09/01/2015

If you have employees in several locations, some may be covered by the FMLA and others may not be. Keep careful track of which is which. The key eligibility factor in the following case was the number of employees working in one of the employer’s two offices. The magic number is 50.

Firing after FMLA: Document legit reasons

08/27/2015

Always view termination as an act that might be challenged in court. That’s especially true if the employee has taken FMLA leave in the past. Lawyers love to file FMLA retaliation suits, which can be lucrative. Defend against them by backing up your termination decision with solid documentation of performance or behavior problems.

What's the latest on unpaid internships?

08/26/2015
Q. Is there a recommended way to utilize interns without running the risk of breaking the law?
1 2 3 4 ..........939 940 Next