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Employment Law

NLRB approves temp and regular employee organizing

08/11/2016
The National Labor Relations Board, in its Miller & Anderson, Inc. decision in July, announced a new standard that makes it much easier for unions to organize temporary employees working at another employer’s facility.

NYC contractor pays $431k to settle prevailing wage dispute

08/11/2016
Under the Davis-Bacon Act, employers are required to pay prevailing wages to employees who work on federal contracts. Sam Schwartz Engineering, a paving contractor on a federal project in Manhattan, found out the hard way that violating the prevailing wage rule is expensive.

You can seek ban on more employee lawsuits

08/11/2016
In some situations, you may be able to get a court to issue a “no more lawsuits” order. It’s not easy, though.

Refusing to transfer can be retaliation

08/11/2016
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Emotional damages OK’d under Sarbanes-Oxley

08/11/2016
When employers consider the possibility that an employee may sue under the Sarbanes-Oxley Act (an investor protection law sometimes called SOX), they naturally think in terms of financial damages. But courts are now saying that SOX allows wronged employees to collect emotional distress damages, too.

Use thorough reporting system to capture details of alleged harassment

08/11/2016
There is good news for employers that have to mediate workplace disputes that can fairly be characterized as personality clashes between co-workers.

Patience pays off when handling absenteeism

08/11/2016
Sometimes, an employer’s most valuable quality is patience. For example, letting an employee take FMLA leave even if you suspect his underlying condition may not really qualify can make the employee’s subsequent lawsuit fall flat.

Short reassignment delay is generally OK

08/11/2016
Sometimes, it takes a while for management to make changes in schedules and duty assignments after a promotion or transfer. A reasonable delay—even if it results in some loss of pay—isn’t considered an adverse employment action or serious enough to win a discrimination lawsuit.

DOT safety certification trumps ADA protection

08/11/2016

Some jobs require special government physical certifications as a pre-requisite to employment. These are generally designed to make sure the employee can safely perform a job that might otherwise put the public, or the employee, at risk of harm. What happens if such an employee becomes disabled?

EEOC sues over firing of HIV-positive worker

08/11/2016
The EEOC has filed suit against a large Midwest McDonald’s franchisee that recently fired an employee who is HIV-positive and requires its employees to report all prescription medications they take.