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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.