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Employment Law

‘Reply All’ email response may be protected by NLRA

12/20/2019
The National Labor Relations Act allows employees to discuss working conditions among themselves. That includes responding to a critical email about working conditions by hitting “Reply All” to offer support or thanks to the original sender.

You can’t accommodate every disability

12/20/2019
A consensus on possible and practical accommodations usually emerges when the employer and employee engage in an interactive process to explore various options. But that isn’t always the case.

OK to revoke job offer for false application

12/20/2019
When you find a promising candidate for an opening, make your offer contingent on passing a background check. If that investigation reveals disturbing information such as including false information on the application, you may revoke the offer.

More states put limits on noncompete agreements

12/19/2019
This past year saw the passage of several new state laws that restrict employers’ use of noncompete agreements, including five states that banned employers’ use of noncompete pacts for certain low-wage employees.

Transient injuries don’t usually trigger ADA

12/19/2019
In order to claim coverage under the ADA, a worker must show that he has a “physical or mental impairment that substantially limits one or more major life activities.” Generally, most temporary conditions don’t qualify, even though they may be considered serious health conditions under the FMLA.

NLRB gives back email control to employers

12/19/2019
The National Labor Relations Board on Dec. 17 reestablished the right of employers to restrict employee use of company-owned email for purposes unrelated to work, striking a blow against labor unions.

Flu days and the FMLA don’t always go together

12/19/2019
According to the Department of Labor in an opinion letter to an inquiring employer, you can require employees to take unpaid FMLA leave, even if they’d rather use paid sick leave.

Review disciplinary records to uncover hidden supervisory discrimination

12/18/2019
Before discharging an employee for violating a rule, make sure that he or she really did commit an infraction. Be particularly alert for the possibility that a supervisor might have tried to manipulate the rules to get an employee to break one.

DOL’s new regular rate of pay rule makes OT more affordable

12/17/2019
The Department of Labor delivered an early holiday gift to employers on Dec. 12, releasing final regulations on how to calculate the regular rate of pay on which overtime pay is based.

McDonald’s win in NLRB joint-employer case

12/17/2019
McDonald’s must pay $250,000 to be split between hundreds of workers who claim they were assigned harder work and inconvenient shifts after they joined a 2014 protest organized by the Fight for $15 worker advocacy group.