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Employment Law

Always consider disability accommodations

11/14/2016
Even if you believe no accommodation is possible for a disabled worker, the ADA requires you to at least consider the possibility.

More joint employer blues for McDonald’s parent company

11/14/2016
Labor organizers claim they have named McDonald’s Corp. as a defendant in a series of sexual harassment complaints.

A short-handed Supreme Court declines one case, adds another

11/11/2016
The employment law cases the Supreme Court refuses to hear can be almost as important as those it decides.

Subordinate’s hair comment doesn’t justify lawsuit

11/11/2016
It takes more than a handful of incidents to create hostility, even if they could be viewed as offensive and not appropriate for the workplace.

Diagnosis alone doesn’t prove ADA disability

11/11/2016
It’s not enough that an employee alleges he or she has been diagnosed with what may be a disabling condition.

Ask for recertification of intermittent leave

11/11/2016
Employers that approve intermittent leave requests can request regular recertifications to determine if the need still exists.

Beware hasty decisions, investigate all the angles

11/10/2016
After investigating a workplace incident but before making a final decision, consider hiring a neutral investigator to assess what really happened.

Not eligible for FMLA? Don’t assess illness

11/10/2016
When a worker requests FMLA leave but isn’t eligible because she hasn’t worked the requisite hours, there’s no need to go further.

Trump wins: What’s that mean for the American workplace?

11/09/2016
Tuesday’s shocking election of Donald Trump means America has elected an entirely new agenda for workplace and employment issues.

She said, he said, she said: Counterclaim isn’t retaliation

11/08/2016
A federal court has refused to entertain overturning a 5th Circuit Court of Appeals decision that says filing a counterclaim to a lawsuit or even a separate lawsuit against an employee isn’t the basis for a retaliation claim.