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Employment Law

NLRB extends timetable for scheduling union elections

Most union elections will take place no sooner than 20 business days after being authorized, according to a new rule issued by the National Labor Relations Board. That’s significantly longer than the election schedules that have been possible since a 2014 NLRB decision dramatically compressed the election timeline.

Prevent bias lawsuits: Never simply rubber-stamp boss’s discipline recommendation

Before approving a supervisor’s recommended disciplinary action, HR should conduct an independent investigation. It needn’t be extensive, but it’s essential to document that you checked into the facts of the case.

Flu season is here! FMLA, ADA and objections to vaccines

Influenza season is well underway, and there is every indication that the flu bug will bite lots of workers this winter. Many will need time off to recover. That raises two important questions: Is that leave protected by the FMLA? Can employees lawfully refuse to get flu shots?

Coping with New York state’s new employment laws

As we enter 2020, employers should review their policies and handbooks to make sure they take into account new laws recently enacted or about to go into effect. In particular, new rules make it easier for employees to file and win lawsuits.

Spotted error in administering FMLA leave? Fix it fast to show your good faith

The FMLA has strict rules on how and when to designate an employee’s time off as FMLA leave. However, if you make a technical error but act quickly to correct it, you probably won’t face liability if an employee sues for an FMLA violation.

‘Reply All’ email response may be protected by NLRA

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

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

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

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

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.